THE

SIKKIM CODE

VOLUME II

PART I

-

CHAPTER I- II

Published

by:

Law Department Government of Sikkim, Gangtok.

Price.

Printed at

Sikkim Government Press, Gangtok

THE

SIKKIM CODE

VOLUME II

Foreword by

SHRI VEPA .P. SARATHI,

Senior Advocate, Supreme Court, presently the Advocate General of Sikkim and Chairman Law Commission of Sikkim.

LAW DEPARTMENT

GOVERNMENT OF SIKKIM

GANGTOK

CONTENTS

PREFACE. . . . . . . .

(i)

FOREWORD. . . . . . (iii)

Chronological Table of Old Laws/Notifications/ Rules/Orders Etc. (I897--1983)

1--458

PREFACE

We undertook the task of publishing the First Volume of the Sikkim Code containing Sikkim laws enacted by the State legislature after the 26

th day of April, 1975 till the end of the

year 1982 and the same came out in the year 1984. I am glad to say that the First Volume was well received by all concerned.

We had planned to come out with the Second Volume of the Sikkim Code soon thereafter. But it was not possible for reasons beyond our control. Almost eight years have passed since the publication of the First Volume of the Code. We had always felt the necessity of publishing, rather re-publishing, the old Sikkim laws which prevailed in the erstwhile Kingdom of Sikkim prior to its merger with the Indian Union ‘with effect from 26

th April, 1975 in view of the fact

that these old laws were not to be found in any codified form. Only the old Laws made by the then Head of the State after 1950 were found to have been published in the then, Sikkim Darbar Gazettes. The laws promulgated or made prior to 1950 were not published in any form that we may understand by the term. ‘publication’ in these days. They were published in small sheets of paper under the signature of the officers in the then Sikkim Government Press but never in a compiled form. It was because of this, collection of old laws prior to 1950 involved. a great deal of research work ‘with a view to establishing the authenticity of such laws. We have been successful in, collecting sufficient number of such old laws made and promulgated prior to the merger of Sikkim. In this publication, ‘we are publishing only the old Sikkim laws that prevailed in Sikkim prior to the date of merger and those which we have received the protection of Article 371 F of the Constitution of India. As we found that we had inadvertently omitted to include certain laws, we had to add. a supplementary chapter in this publication to accommodate the pre-merger old Sikkim laws ‘which we had omitted to include at the time of sending the material to the press.

We have published in this Second Volume of Sikkim Code the laws enacted by the State legislature from the beginning of 1983 to the end of 1991. We ‘have also published the Constitutional Orders relating to Sikkim made after the merger of Sikkim as also the rules/notifications./orders etc., made by the State Government under the provisions of the laws which .are enacted after 1975: Because of some problem in the printing of the Second Volume of Sikkim Code, we had to bifurcate this publication in two parts in. two books. Although in our endeavor to make this, volume of Sikkim Code as comprehensive as possible we had some difficulty in paginating, the subsequent additional material, i am sure this volume would be useful and well received ‘as its predecessor by all concerned in the field.

We requested Shri Vepa P. Sarathi, Senior Advocate Supreme Court of India and presently the Advocate General for the State of Sikkim and Chairman, State Law Commission, to write a foreword for this publication. As was expected of him, the scholar in Shri Vepa P. Sarathi has produced a very illuminating article on codification of the laws. I have no doubt that this article in. the form of a foreword to this publication will make good reading for the students of law and all those who believe in the rule of law in a democracy. My attention has been particularly attracted to the last paragraph of his. foreword which reads “The law is now known. How much of it should be amended is for the policy makers. Much of the existing law, however, should not be tampered with, because it has the protection of Article 371 F of the Constitution. Any change should be slow. All change is not always progressive”

(ii)

I cannot close my preface without acknowledging the efforts put in by all my .officers and members of the staff who were concerned with the publication of this Second “Volume of Sikkim

Code. Acknowledgements are also due to. the Sikkim Government. Press and the Sikkim Traders International, Gangtok, for undertaking the voluminous two parts of the present

publication.

At this stage all of us may only say that we published the Second Volume of Sikkim

Code in two parts but only posterity will realize what we have done for them

B.R.Pradhan,

Legal Remembrancer and Law Secretary to

the Government of Sikkim.

Next in order of time come the two tablets given to Moses on the Mount of .Sinai.

They contain the’ famous Ten Commandments, about which, the poet Humbert Wolfe said:

Making innumerable statutes, men Merely confuse what God achieved in ten, In a sense, he ‘is perfectly right. In fact all laws can be reduced to the two golden

rules, (I) Do unto others as you would be done by; and (2) Do not do unto others what you do not want to be done unto you. The rest is mere commentary.

Hamburabi, King of Babylon as the first to simplify the law. This was about 2000BC.The seven foot high pillar of black marble on which these laws were chiseled in the Babylonian Script of that age stood for a thousand

years in a temple near Baghdad .It was then carried off by an invading neighbor .At the beginning of this century it was transshipped to Europe And today it can be seen in the Louure in Paris with almost the whole text intact, and when deciphered these laws show that primitive law was far from being primitive

Then, just as Egypt drew out Greece, Carthage drew out Rome. With Rome’s advent into world leadership began a new phase. As Sir Henry Maine said, ‘the most celebrated ‘system of jurisprudence known to the world begins, as it ends with a Code.’ His reference is to the Twelve Tables of Roman Law of the 5

th Century

BC and the restatement of a thousand years of legal development, in the classic Institutes of the Emperor Justinian, the 6

th Century A.D.

(iii)

FOREWORD

The predominant motives for codification are (a) to render the law certain, and (b) to replace the deferring laws by one uniform law. Codification is generally undertaken by two types of countries : those in which -there is a fully developed jurisprudence and. further development through Judge made laws would be slow or remote; and those which have underdeveloped systems which are unable to grapple with their economic. problems. Many, who favour codification do so, because according to them the law should be thus simple, more easily accessible and chronologically, if not always logically, arranged.

The Roman emperor Justinian and the French Emperor Napoleon’ Bonaparte’, thought law would continue to be clear until commentators and Judges start explaining it. In England, Jeremy Bentham and that great master of law and literature Lord Macaulay have favored Codes one for England and the other for India.

The interpretation of Macaulay’s masterpiece, the Indian Penal Code justifies the criticism of the two emperors. There are two views on its oft quoted sections, namely, section 299 and 300., One view is that section 299 merely described culpable homicide as contrasted with justifiable homicide, and that section 300 defines when such culpable homicide amounts to ‘murder’, and when it does not amount to ‘murder’ and when the act of the accused falls within one of its five exceptions. The other view is section 299 defines the offence of culpable homicide.

Sir Henry Maine did not know much about Hindu Law, as otherwise he would also have given a prominent place to the Code of Manu. Western scholars give 200 BC as its

approximate. date, It was. probably a summing up of the existing customs. ‘because Hindu Law was largely custom, As observed in the famous case of the Collector of Madura v. Moottoo

Ramalinga 1, ‘Under the Hindu system of law,’ clear proof of usage will outweigh the written text of the law.’ During the wanderings of the Pandavas in the- forest to one of the Yakshaprasnas, what

is Dharma’, Yudhishtara gives the answer ‘custom’. In the cited always their lordships of the Judicial Committee of the Privy Council showed how: Hindu Law developed.

‘The remote sources of the Hindu Law are common to all the different schools. .The process by which these. schools have been developed seems to have been of this kind. Works universally or very generally received became the subject of subsequent commentaries. The commentator put own gloss on the ancient text, and his authority having being received in one and rejected in another part of India, schools with conflicting doctrine arose. Thus the Mitakshara which is universally accepted in all the schools except that of Bengal, as of the highest authority, yielding only to the Dayabhaga in those points where they differ. was a commentary of Institutes of Yagnavalkya and the Dayabhaga which, wherever it differs from the Mitakshara, prevails in Bengal, and is the Foundation of the principles divergences between that and other schools, equally. admits and relies on the authority of Yagnavalkya. In like manner there are glosses and commentaries the Mitakshara which are received by some of the schools that acknowledge the. supreme authority of that treatise, but are not received by all’.

Thus the Hindu Law developed and would have developed a bad custom yielding.

place to a good one, but then the Mohammedan rulers and later, the British, came. as rulers of India and this put a stop to all. gradual change. Pundit Jawaharlal Nehru says in. his ‘Discovery or

India’, as follows:

‘India was custom. ridden when the .British came, and the tyranny or old custom is often a terrible thing. Yet customs change and are forced to adapt themselves to some extent to a changing environment. Hindu law was largely custom, and as custom changed the law also was applied in a different way. Indeed, then’ was no provision of Hindu law which could not be changed by custom. The British replaced this elastic customary law by judicial decision based on the old text and the decisions became precedents which had to be. rigidly followed. That was, in theory an advantage, as it produced greater uniformity and certainty. but, in the manner it was done’, it has resulted in the perpetuation of the ancient law unmodified by subsequent customs. Thus, the old law, which in some particulars and in various places, had been changed by custom and was thus out of date, was” petrified, and every tendency to change it in the well known customary way was suppressed’.

The only method of changing the law was by legislation and this was possible only after India attained independence from the British rule in 1947. .

(1) (1868) 12 MIA 397

(v)

The Institute. of Justinian became the foundation. of many later. codes in Europe of

which the most celebrated is Napoleon’s Code It was received with such enthusiasm that it was

thought, and there are many who still think so, that any case could be decided by deduction from

the various provisions of this Code, so much so, Bugnet is supposed to have said ‘Je ne connais

pas Ie droit Civil Je n’enseigne gue Ie Code Napoleon’ I do not know the civil law, I learn only

Napoleon’s Code). ‘lt was Stendhal’s position- that there was only one example of perfect style

and that was the Code Napoleon and that he would read it once in every year in order to make

his style more precise

As I said in. the first paragraph above codification is popular, because of the

belief that it simplifies the law. But one has, to remember always Lord Bryce’s

warning in his American Commonwealth, He remarked,

There are three reasons why codification will belie the hope of less litigation

The first is greater clarity in the law will not reduce’ the volume of litigation,

Many of the disputes turn on disputes concerning the facts, that is which of the

two parties has violated clear out legal rules. It is uncertainty about the facts that

create the unpredictability of a decision, As Mahatma Gandhi said in his

Experiments in Truth, ‘I remembered the late Mr. Pincutt’s advice that facts

are three. fourths of the law.’

‘With the masses of the people the problem is popular, for it holds out a prospect,

unfortunately belied by the result of a system where simplicity will enable the

layman to understand the law and render justice cheaper and more speedy.’ L

The second reason lies in the drafting of the statutory provision. According to the

exegetical school, the emphasis is on the’ meaning of the written word No draftsman can avoid,

flaws of ambiguity, obscurity or conflict between sections’ and this very often due to’ new

problems which were not foreseen or when new philosophies become popular. Sometimes this is

done deliberately, It was said of Solon the Atternian law giver, that he was obscure and

ambiguous in the wording of his laws on purpose to increase the honour of his courts for since

their (litigants) differences could not be’ adjusted by the letter they would have to bring their cause

to the judges. who were thus in a manner master of the laws, Prof.. Harry W. Jones says, ‘The

Judge, when he must. act as a law-maker to’ fill in the gaps of a statute,. exercises not original

legislative power but delegated power, comparable to that conferred ‘upon administrative officers

possessed of rule making or subordinate legislative authority, Each has the duty of

implementing the general policy of an enactment with detailed rules applying that: policy’ to the

infinite variety of unforeseeable particular situations of fact. , . . . . [I] do not mean to suggest that

legislatures consciously delegate subordinate legislative powers to Courts, although as a matter

of compromise in the legislature, the exact meaning of doubtful phrases is occasionally left to the

Court by legislators unable to agree upon the exact’ formulation of difficult or highly controversial

statutes’. Sir Ernest Gowers in his ‘Complete Plain Words ‘gives an example, In the Shops

(Sunday Trading Restriction) Act, 19’36, the draftsmen assumed that he had covered both

‘sales in shops and ‘sales in places that are not shops’, But it turned out that he was .,wrong.

because, he forgot ‘the ,stop me and buy-one’ mean. In one case the court held that the ice-

cream vendor’ s tricycle was neither ‘a shop’ nor a ‘place’ “ Therefore. he says

(vi)

‘The duty of a draftsman of legal text is to try to imagine every possible combination

of circumstances to which: his words might apply and every conceivable

misinterpretation. that, may be’, put on them, and, to take, precautions accordingly:

He must avoid all, graces not be afraid of repetitions or even of identifying them by’

aforesaids” he must limit by definition words, with a penumbra ,dangerously ‘large,

and amplify with a string ,of near’ synonymous, words with a penumbra

dangerously small he must ,eschew all pronouns when their antecedents . might

possibly ,be open to. dispute and generally avoid every potential grammaticed’

ambiguity

In short, in drafting a statute, it is not enough to attain a degree of precision which a, person reading in good faith may be able to understand, but it is more necessary to attain a degree of precision which a person reading in bad faith cannot misunderstand. A very tall order. I therefore completely endorse Sir Ernest Gower’s advice that the whole. system of modern drafting technique is based upon the obviously fallacious assumption that it b possible to cover every particular eventuality, and so, it is time to give up ;trying the impossible and concentrate instead on laying down broad general principles and leave it ‘to the court to fill in the interstices.

This leads to the third of the reasons referred to above namely, interpretation of the

statutes.

Obviously no code can be all-sufficient. The test of a good code is the amount of its flexibility. If a literal interpretation is placed on its provisions and it leads to” absurdity. there is a temptation to succumb to the use of perverse logic. English Law fortunately has it great reservoir of common law from which the courts can draw for filling up gaps; and rules of interpretation have been evolved to avoid either injustice or absurdity. Many of these rules are’ used not so much to interpret a statutory provision ;as to adapt it to the changing ‘needs of modem times. We find in Jaimini’s emam.a (500 BC), rules of interpretation amazingly reminiscent “of the modem rules. ‘For example ‘Sarthakya’ or every word should have. a ‘purposeful meaning; ‘Arthaikatwa’ or same words should have the same meaning; Gunapradhana’ or Reconciliation of all ideas with the principal one, ‘Samangasya’ or contradiction ‘should not be presumed and reconciliation should be attempted; ‘Vikalpa

or choosing between two meanings; and , Anarthakeya’ or avoiding “interpretation ‘which makes words meaningless. This ‘has had to a fecundity of case law which probably is making Malthus turn In his grave. But this is inevitable.

Law necessarily, has to be built up, not logicaIly,’but empirically. At the same

time, merely because an expanding society demands an expanding law, it Is not. right to expand it without clearly defining’ the limits of expansion. After all, it is for the statesman and not the

lawyer to discuss and it is for the legislature to determine what is the” best for public,

good and to provide ‘for it. by proper .enactments. ‘Discretion’ is nothing but a euphemism

for arbitrary and unbridled judicial discretion case become the worst form of tyranny .As Judge

Learned Hand said”Statutesalways have some purpose or object to accomplish ,whose

sympathetic and imaginative discovery is the surest guide to their meaning

.

The Law Department has now supplemented by a second volume(in 2 parts) of the Sikkim Code first published in 1984.The rules. regulations, orders and enactments upto 1991 are included. The Law Department has to be congratulated for making the Law easily accessible to the Courts, administrators, lawyers and the people of Sikkim and such accessibility has also been made the constant

wish of the Chief Minister of Sikkim.It is hoped any omissions will be made up in a supplementary volume .

The Law is now known. How much of it should be amended is for the policy makers.Much of

the existing Law ,however, should not be tampered with because it has the protection of Article 371 F of the Constitution. Any change should be slow. All change is not always progressive

Vepa P. Sarathi

Advocate General and Chairman,

Law Commission of Sikkim

PART I CHAPTER 1 CHRONOLOGICAL TABLE OF OLD LAWS /NOTIFICATIONS/RULES/ORDERS ETC PRINTED IN VOLUME II OF SIKKIM CODE (1897--1972)

YEAR TITLE VOLUME PAGE 1 2 3 4

1897 Notice dated 2/1/1897 relating to transfer of land by Bhutias II 1

and Lepchas

1910 Sikkim Debt Law II 2

1917 Revenue Order No 1 dated 17 May1917 II 4

1921 Notice No 640/GB dated 20/5/1921 relating to gambling etc II 5

1926 Rules and Bye Laws for cattle pounds in Sikkim No1487-48/J

dated 7/7/1926 II 6

1928 Sikkim Court Fees and Stamps on Documents Rules dated

30/3/1928 Amended Schedule II 8

1931 Notice No 660/G dated 21/5/1931 II 11

1933 Notification No 901/4 dated 15/51933 II 12

1934 Notice No 550/J dated 15/5/1931 II 13

1940 Municipal Rules For Bazaars in Sikkim II 14

1946 Game Laws dated 1/9/46 II 19

1948 Sikkim State Income Tax Manual II 22

1949 Notification No 6326-600/h&WBdated 14/4/1949 regulating

letting and sub letting of premises etc (Health and Works Dept) II 27

1951 Notification Providing for registration of foreigners II 28

1951 Record Writing or Kotha Purnu or Dra- Deb and Attestation Rules

for Sikkim State Dated 1/10/1951 II

1954 3083/LR Rules under Notification No 3082 /LR II 45

1954 Notification No 3082/LR dated 24/3/1954 regarding maintenance

of economic holding II 46

1955 Sikkim Cooperative Societies Act 1955 II 47

1955 High Court of Judicature (Jurisdiction and Powers )Proclamation

of 1955 II 82

1955 Sikkim Food and Drugs Control Act I of 1955 II 84

1956 Gangtok Rent Control and Eviction Act 1956 II 89

1956 Proclamation of His Highness Sir Tashi Namgyal Dated 30/8/1956 II 91

Year’ 1

Pag

e 4

1957

1960

1961

1962

1962

1965

1965

1966

1966

1967

1968

1969

1972

. Title

2

Volume

3 --

Sikkim Motor Vehicles Act.1957

Notification No.2/HP dated 4/5/1960. providing for. registration

of foreigners. Registration of Companies Act Sikkim, 1961

Notification.No.I385/H dated 20/2./,1962 issued under Registra tion of Companies Act, Sikkim, 1961 .

Married Women’s. –Property Regulation, 1962 Notification

No.1185/H dated 12.10.1962. Work Permit for Foreigners in-Sikkim-Notification No. 848/HP

dated 10.12.1965 . II

Work Permit Rules 1965 issued under Work Permit Notification No. 848/HP dated 10. /12./1965 .

Sikkim Rural Indebtedness’ Act, 1966’ dated 23/.9’/1966 .

Notification No.845/IIdated 20/8/.1968 issued under the ‘Sikkim . . I . . , Rural Indebtedness Act, 1966 II

. Sikkim..Official Secrets Act, 1966 Il

Sikkim.Vaccination Act1967 II

State Bank of Sikkim Proclamation dated 24/.6./.1968 . II

Sikkim Bazaar Committees Act, 1969 II

State Trading Corporation 0f Sikkim

Proclamation dated 3O/3.I972

II

II

II

II

.II

II

II

II

93

161

163 167

168

168

169 .

172

. 173

174

176

198

204

(1)

YEAR 1

‘CONTENTS 2

1913

1916

1922

1924

1928

1946

1930

1930

1931

1936

1937

1953

1954

1971

1941

1947

1948

1949

1950

- Extract from ,the, minutes ,of the council meeting .held on14th March, 1913 Regarding Prohibition on Possession of Land in Sikkim ‘by Marwaries and Modies/lndian British subjects.

Notification ‘No. 2-Sdated’ 7th.December, 1916. Regarding

Introduction’ and Sale of Revenue Stamps.

Notification No. 6 dated 22nd

June. 1922 An Act for the Prevention of Cruelty to Animals in Sikkim.

Notice No. ,9004/G -dated 4th November, 1924 issued.

under Sikkim Debt Law, 1910 with respect to Rule VIII

Notification No. 385/G dated 11th, April 1928 With.

Notification No. 2947/G dated 22nd

’Nov. 1946 Regarding registration of documents.

Registration of Documents Rules. 1930

No.2341 /4/G dated 11th June, 1930 Regarding Adoption

of heirs etc.

No. 669/G dated May, 1931 - Regarding Revenue Order No. I of 1917. Notification No. 2717/J dated 7

th October, 1936 Regarding

Caste Disputes.

Notification No. 2756-2955/G dated 9th Oct. 1937

Notification No. 160/O.S dated 10th, July. 1953.

Notification No. I396/O.S dated 1St

October ,1954. Proclamation dated 6

th August, 1971

Regarding adoption of Indian Penal Code. 1860 etc.

Notification No. 2371-2470/G dated 1st August, 1941

Regarding Partik.

Notification No. I546-1645/F. dated 21st August; 1947

Regarding Prohibition of discriminate use of explosives in

trees, saplings etc.

Office Order No. 92/L. & F dated 22nd

November, 1948..

Notification No.2883/L&F dated 17th September, 1949

Regarding Payment, of Khazanas by Lessees.

Notification No. I208/L &. F dated 20thMay. 1950 Regarding Determination of cases relating to land.

... PAGE

3

206(1)

206 (1-2)

206’ (3-4)

206 (4)

206(5)

206 (6- 12)

206(13)

206 (13)

206(14)

206(14)

206(15)

206 (15)

206 (15 - 16)

206 (17)

206 (17)

206 (17)

‘206 ( 18)

206(18-19)

(ii)

YEAR 1 2

1950

1956

1956

1959 1960

1960

1961

1961

1962

1962

1962

1963

1964

1965

CONTENTS

, , :

Notification No. 1209/L & F ,dated 25th May 1950-Regar

ding formulation of substantive Law for land, in Sikkim

Notification NO.4081/H .P. dated’ June,195 6-Regarding control

of, Undesirables. and Hooligans within the State. of Sikkim

Notification No. 1660-499/B dated 9/ I/1956

With Notification No. ‘8161-799/Bdated 26th March, 1959

Regarding prohibition of throwing of refuse, sweeping washing etc. .

Regulations regarding plying of Carts in Sikkim Sikkim Mining Corporation Proclamation dated 27/th Feb 1960. Notification No. 2602A/H dated 25

th March, 1960

Regarding Rules and Regulations for registration of various organisations in Sikkim.

O.O No 105/LR dated 25’th February, 1961’ Procedure for transfer of immoveable properties. With Notification No. 28/LRdated 21/4/ 1969.

Notification No156/S-61 dated 3rd

July, 1961 Regarding Sikkim Subjects Regulation, 1961 as amended upto 1970

Notification No. S 294/61 dated 19th Feb., 1962Regarding

Sikkim Subject Rules, 1961

Security of Sikkim Order, 1962, Dated 13th Nov. 1962

The Sikkim Public Security. Rules1962. dated 29th

November, 1962. .

The Sikkim Security (Requisitioning and Acquisition. of . Immovable Property) Rules, I962 dated 11

th February..

1962.

Notification No. I5’20/H dated 3rd

Jan., 1,963.

Regarding Rules to provide for registration. and solemnization of a form .of marriage in Sikkim.

With Notification No. 1535/H dated 3rd

Jan 1963

Notification No. 718/H dated :28th Sept I 964 Regarding

Exemption from payment of Court fees to the Government. .

Notification No. 998-399/B.dated 19th June, 1965 Notice to

Licence holders dealing in Tea, Sweetmeats etc.

PAGE. 3.

206(20-22)

. 206 (23)

.

206’ (24)

206(25-26)

206 (27- 30)

206 (31 - 33)

206(33)

206 (34)

206’ (35- 38)

206(39-42)

206. (42-A)

206(42-B-42-L)

.206 (42-K-42-L)

206. (43 -54) 2 06 -- 54

206(54)

206(55)

YEAR 1

1965

(iii)

PAGE

3

CONTENTS

- , “

Notification No. I868/2999/Bdated 11th Aug., 1965

regarding introduction of metric system of weights and measures throughout Sikkim.

Notification No. 3075/F dated 31’st Oct., 1969 Regarding prohibition on grazing of animals etc.

Notification ‘No. I554-500/IT&ST dated 21st April 1970

Regarding assessment of Income Tax.

Notification No.1 /HP dated 29th Dec 1971- , Regarding

Precaution against fire and Installation of ,Fire Extinguishers.

Notification NO,27-300/IT&ST dated 26th April 1973-

Regarding. Deduction of Income Tax.

2

. 206(55)

1969 206- (56-57)

206(58)

1971

1970

206(59)

1973. .206(59)

218

CHAPTER- II

Year 1

Title 2 Volume Page

3 4

1975 Constitution (Removal of Difficulties)

Order No .XI II 207

1975 Statutory Order Under the Constitution II 209

1975 Authentication (Orders and Other Instruments). Rules, 1975 II 209

1978 The Constitution,.(Sikkim) Scheduled. Castes Order, 1978 II 209

1978 The Constitution (Sikkim) Scheduled Tribes Order, 1978 II 209

1975 Constitution (Thirty-sixth Amendment) /\ct, 1975 II 210

1975 Statutory Orders Under the Citizenship. Act, 1955 II 214

1975 Adoption of Sikkim Laws (No.1) Order, 1975 II 215

1983

The Sikkim Co-operative Societies Rules, 1980 II

The Sikkim Weights and Measures Rules, 1983 II

1980

314--458

NOTICE

Is hereby given to all the Kazis ‘and Mondals in Sikkim, that no Bhutias and Lepchas are ‘to be allowed to sell or sublet any of their- lands without the express, sanc. tion of the Council. If anyone disobeys this order, he. will be punished severely.

2nd January, 1897.

John C. White,

Political Officer,

Sikkim.

2

SIKKIM DEBT LAW 1910

Passed at the Council meeting held on 7th November I910 and amended by Council

Resolution dated the 5-th September, I913 and 14th May I9I3 .

I. No creditor is. allowed to charge an interest more than I2.5per cent per annum.

II. The decree will not be more than double the original debt.

III. Land will not be sold in execution of a decree.

IV . (a) When a son , wife or brother or any relations inherits property from the deceased they

shall be liable to pay the deceased’s debt to the extent of. the property inherited.

(b) A son shall be liable to liquidate the deceased father’s debt if he is in a position to do so

easily and provided that father had not been a lunatic, a debauch, drunkard or gambler and

provided also that the son had not : separated himself from his father during the latter’s

lifetime. But whether he should be made to. pay the whole or part of a debt shall be at the

discretion of the Court which will take into consideration the amount of’ the debt, the means

and circumstances of the son or sons and then grant a decree for either the whole sum or

portion. When the deceased father has been known to be debauch, drunkard or gambler or

one who has been engaged in risky speculation the sons shall not be held responsible for

the debt of the father. But in the ordinary course of event e.g., when father has died poor

after having given education to his sons and fitted them for employment in a respectable

position or profitable profession, although the father may have left nothing to bequeath yet

the son must pay the father’s debts if they do not exceed a sum, which he could pay off by

devoting one-fifth of his income monthly for 5 or 6 months. If there be several sons and all

are well to do they shall all be made to pay the debt. .

(c)Only sons and no other relative be they daughter, wife, brother, nephew or sister shall be

held liable to liquidate the debts of the deceased in the manner above described unless they

inherit some property from him and even in that case only to the value of the property

inherited.

. V There shall be no imprisonment for debt, but the Court may commit to its own. jail, a

fraudulent male debtor of full age who can but will not pay. The maximum limit of imprisonment

in such cases shall be three months and such prisoners will not be thereby absolved from

paying their debts.

VI. A decree shall ordinarily become void except as regards pending proceedings, at the end

of three years.

VII. Subject to the following exceptions money and all property of a judgment debtor which he

is himself competent to. transfer, may be attached and sold in execution of a decree. The

exceptions. are as follows:

(a) The necessary wearing apparel and bedding of the judgment debtor, his wife

and children.

The tools of an artisan, and when the ‘judgment debtor is an agriculturist his

implements of husbandry, seed grain, one pair of plough bullocks up to two

pairs and the food grain required by his family up till the next harvest.

(b)

3

The materials .of kutcha-houses and other buildings belonging to and

occupied by an agriculturist.

The nets and one boat of a fisherman and one cart and a pair of bullocks

of a carter provided, that the total property, of the debtor is not worth

more than one hundred rupees.

The wages of a labourer or domestic servant.

The stipends, gratuities pensions salaries and allowances mentioned

below .

Stipends and gratuities, allowed to Military and Civil pensioners of Government and

Political pensions shall not be attached.

The salary of a public officer or of any servant of a mining Company or a local

authority can be attached to the extent of. .

One-fifth of the salary, if the salary exceed Rs10/- but not Rs. 50/- monthly.

One-fourth of the salary, if the salary exceeds Rs. 50/- but does not exceed

Rs. 100/-. monthly.

One-third of the salary in- all other cases when the salary exceeds Rs. 100/ monthly. .

3. The pay and allowance of persons to ‘whom the, Indian Articles of War apply shall

not be attached.

4. Any allowance declared by the Maharaja in Council to be exempt from liability to

attachment or sale in execution of a decree, shall not be attached.

5. Crops in the field or on the thrashing floor to the extent of quantity sufficient to cover the

food of the debtor and his family for one year and seed for the next year shall not be

attached. But if the decree is for rent due on a tenant’s holding the whole crop of the

holding may be attached. .

VIII. No creditor is allowed to give dadani for Cardamom or other crops or to take the

produce of the fields as interest on a debt.

CORRIGENDUM TO THE SIKKIM DEBT LAW, 1910

For Rule III Substitute the following. .

Rights of a tenant over land may be sold in execution of decree proved (I) that there are

no other means by which the debtor can satisfy the decree, and (2) that .the

purchaser is a Bhutia, Lepcha or Nepali. .

No person is permitted to purchase in anyone Elaka rights of a tenant over land

thus sold exceeding in extent an area of 20 acres in all.

Vide Council Resolution No. I dated 7th February, 1916.

(c)

(d)

(e)

(f)

(1)

(2)

(i)

(ii)

(iii)

4

REVENUE ORDER NO. I.

With reference to Order dated the 2

nd January 1897, it is hereby again notified to all

Kazis, Thikadars and Mandals in Sikkim that no Bhutias and Lepchas are to be

allowed-to sell, mortgage Or sub-let any of their land to any person “other than a Bhutia

or a Lepcha without the express sanction of the Durbar or officers empowered by the, Darbar in their behalf whose order will be obtained by the landlord concerned. If any one disobeys he will be severely punished.

In this order the term ‘mortgage’ means mortgaging the whole or part of holding the Biyaz or masikata system and the term sub-let means sub-letting the whole or part of

holding on the Pakhuria system.

DEFINITION

(1) ‘Biyaz’ mean mortgaging land to another person who enjoys the produce of

the land as interest, so long at the principal loan remains unpaid.

(2) ‘Masikata’ means mortgaging of fields to a creditor who enjoys the produce of the field as an annual installment towards the loan. ‘

(3) ‘Pakhuria’ means sub-letting, where a rayot allows another new rayot to settle upon a portion of his own holding, generally receiving from him some rent in cash and some assistance in cultivating his own fields

Gangtok,

The 17thMay, 1917.

C. A. Bell,

Superintendent,

Sikkim State.

SIKKIM STATE

GENERAL DEPAR’TMENT

Notice No-640/G.B.

This notice is issued for general information and ,guidance. It is to notify that

the. playing of dice,cards,Khopi and other gambling, game etc are strictly prohibited

The, playing of Dice etc however, be’ permitted, during the five ‘days of Tiwar

or Laxmi, Puja, and Dice only during the three day of Magh Sankranti, Mela

each year , Necessary licenses should be obtained for Dice playing as from the

officer of the. General Secretary ‘to His Highness the Maharaja Sahib of Sikkim on

payment of prescribed fee.

Anyone found infringing this. order will be prosecuted and punished as under. namely:

For 1st ‘offence a fine of Rs. 10

For 2nd

offence a fine of ‘ Rs. 25 .For 3

rd offence, a fine of Rs. 50

For 4th offence, a fine of , Rs.50. and 2, months imprisonment.

The keeping of-any gaming house, for playing cards or gaming, in any form is also a punishable offences. The offender will be liable, to severe punishment ‘

which will :be, decided on the merits of ,each, offense., All the Land Lords, are requested to’ Make this ,order widely known in their respective elaka’ and to see

that the order is respected They and all the Police Officials are- hereby authorized to arrest any offender and to send him or her, upto Gangtok for

trial under orders to be taken on each occasion. It is, notified that the learned Council Members of the State Council have both advised and approved of, the adoption of these measures.

By order of His Highness the Maharaja, of

Sikkim.

Gangtok. Sikkim

‘The 20th May.1921

Sd/.

Pestonji Jamasji, General ‘Secretary’ to

His Highness the Maharajah of

Sikkim

6

S I K KIM STAT E.

Judicial Department.

(Veterinary Branch)

No. 2487/48.J

Rules and By-Laws for Cattle rounds in Sikkim.

I. No person in the Sikkim State, shall let loose or ‘allow his cattle or others animal

to go about astray in bazaar’s, private fields; compounds, road reserves, or thoroughfares. Any animal found straying within the areas mentioned above shall, without

any enquiry, be impounded.

2. The pound keeper is authorised to realize fees on the following scale for

every 24 hour detention, up to a maximum of 7 days. ‘

(a) Horses, cattle and mules.

(b) Ponies and calves

(c)Donkeys, sheep, goats and pigs.

0-8-0 each

0- 6.-0 each

0-4-0 each

3. The pound keeper shall grant printed receipts which. will be supplied by ,the Darbar on cash payment, indicating the name and address of the person from whom the animal; or animals in question were received, date of receipt, number and description of animals, and the amount of reward paid.

4. The pound keeper shall for each class of animal under clauses (a) (b) and (c) above pay annas -/2 /6,-/1respectively, as reward to the person who impounds them.

5. Should any animal or animals remain impounded for over seven days, the

matter shall be brought to the notice of the Darbar on the’ eighth day, with a view to the animal. or animals, as the case may be being sold by public auction. The sale proceeds of the auction shall be credited to the Darbar.

6. Pound’ keepers shall be required to maintain suitable structures as pound sheds, which should invariably be roofed., kept clean and dry, and ,should always contain

an adequate supply of food and water The Darbar will take very serious notice of any violation of this rule.

7. All cases of disease amongst animals impounded shall, without delay, be

reported to the Veterinary Inspector, Gangtok.

8. An account of animals impounded shall be submitted to the Veterinary Inspector by the pound keeper or landlord concerned by ‘the 10

th of each month, for

the information of the Darbar.

7

9. All accounts of animals impounded and collection of taxes shall be open lo inspection on demand by the Veterinary Inspector or by .the Bazar Inspector.

10. Pound keepers and landlords concerned shall make known to the public by beat of drum the purport of these by-laws and rules as quickly as possible.

By order of His Highness the Maharaja of Sikkim.

Gangtok,

Sikkim.

W.Polden,

.Judicial Secretary to

His Highness the Maharaja of Sikkim. The 7th

July, 1926.

RULES

R E.

8

SIKKIM STATE

COURT FEES AND STAMPS ON DOCUMENTS.

In amendment of Notification No.1933/ J, dated the 3I st March’ 1921, on subject of stamps on documents., His Highness the Maharaja of Sikkim is pleased to order that the following rules and schedules shall in future govern the fixing of stamps on documents and court fee stamps on petitions, presented in, law courts of Sikkim, or in Darbar’s offices.

(I) The Sikkim stamp marked “R” shall only be used for affixing on handnote.

‘agreements, bonds, deeds vouchers etc., ‘executed amongst the people themselves in

order to validate the document.

(2)Any document which in accordance with the schedule in this notification should

have been stamped, is discovered to be unstamped or insufficiently stamped, shall be

charged a penalty which may extend to fifty times the stamp value so defaulted.

(3) The stamp value on a document or its penalty shall be payable by the per

son in whose favour the document is executed.

(4-) The stamp to be fixed on a document shall be so fixed at the time of execution

of a document and cancelled by the signature of the person executing the document.

(5) The stamp:, marked “R” shall be known as Revenue stamps as distinguished

from the Court fee stamps.

(I) The Sikkim stamp unmarked shall be used on petitions presented in court

or to the executive officers or secretaries. It shall be known as court fee stamp.

(2) No court or official of the Darbar is authorized to accept a petition

‘which is not stamped or under stamped as required by schedule (A).

( 3) An unstamped or inadequately stamped. petition received by post shall be

returned to the sender by bearing post. ‘

(.4-) The system of paying court fees on civil suits viz.: one Anna in a rupee as

preliminary court fee: and two Anna in a rupee a final court fee is abolished. In, future the

whole of court fees :.shall be payable in advance before the suit is entertained and shall be

charged at the rate of two annas in a rupee on the value of the claim put.

(5) In appeals, (Civil suits) the same court fee shall be charged as in the original

court.

(6) On-plaints in Civil Suits or civil appeals no court fees stamps may be put

in addition to the court fees paid in cash.

(7) A Bank receipt of Court fees paid in cash, shall be attached to the plaint or

memorandum of appeal or its number quoted on ,the top in red ink.

(8) The schedules annexed to these rules shall come: in force from 1st August, 1918.

9

SCHEDULE (A) COURT FEES STAMPS.

Nature of petition Value of stamp chargeable

Plaints in Civil Suits or Civil appeals No stamp, but cash court fees payable

in advance; annas two in a rupee, on

the value of the claim put.

Re. 1- stamp.

Before’ Chief ,Court, RS.2/- stamp.

Before H.H’s Court Rs.5/- stamp

Review of a Judgment or Second Appeal in Judicial Case

Double the amount of first court fee ,fees

(civil side) (cash)’

Ditto (Criminal side) In the Court of Rs. 10/- stamp.

H.H. only.

Review of an executive order before. 1St

time Rs. 10/- stamp.

RH. only 2nd

time Rs.20/- stamp.

3rd

time Rs.40/- stamp.

If addressed to H.H. Rs;.2/- stamp.

If addressed to a Secretary or other official

in the ordinary routine Re. 1/

(1)

(2)

(3)

Complaints in ,criminal cases.

Appeals in criminal case

(4)

(5)

(6) Miscellaneous petitions in executive matters (apart from Judicial cases)

AMENDED SCHEDULE (A)

COURT - ‘FEES STAMPS

Value of stamp chargeable

No stamp; but cash court fees payable

in advance; annas two in a rupees,

on the value of the claim put.

Re. I /stamp.

Before Chief Court RS.2/- stamp.

Before H.H. or Dewan’s Court-Rs.5/-

stamp.

(4) Review of a Judgment or Second Appeal in Double the amount of first Court

Judicial Case (civil side) fees (cash).

(5) Ditto (criminal side) in the Court of H.H. Rs. 10 stamp.

or Dewan only.

(6) Review of an executive order before H.H.

or Dewan only

(7) Misc. petitions in Executive matters

(apart from Judicial cases)

Nature of petition

(1) Plaints in Civil Suits or Civil appeals

(2) Complaints in criminal cases (3) Appeals in criminal cases

1st time Rs. 10/- stamp.

2nd

time Rs. 20/- stamp.

If addressed to H.H. or

DewanRs:2/stamp. If addressed to a .

Secretary or other _official in the

ordinary- routine and for each petition for

grant of forest produce free of royalty

‘Re1 stamp and for grant of timber trees

free, of royalty Rs.2/- stamp.

Application for Execution of decree (in civil

cases). . .

A- If the value of the decree is Rs 50/

or above.

B- Ditto below Rs50

Misc. application in a judicial case (civil)

(a) if the value of the suit is Rs.50 or ‘above.

(b) Ditto below Rs 50

Misc. application in a judicial Case (criminal)

(a) in ordinary Court, .

(b) Ditto in the Court of H.H. or Dewan.

Misc. proceedings in Court of Judicial nature

(a) in ordinary Courts,

(b) Ditto in the court of H.H. or Dewan.

Process fees payable for issue of processes to.

parties or witnesses.

(a) In Tahsil Courts

(b) In Chief Court

c)In the Court of H..H. and Dewan

10

Re. 1/- stamp

Rs; 8 stamp.

Re. 1 stamp. Rs, 8 stamp .

Re. 2 stamp.

Rs. 1 stamp.

Rs. 2/- stamp

Rs. 8/ stamp.

Re. 1/- stamp.

Re. I / stamp.

Only petitions written or typed by Licensed Petition writers will be accepted in case of illiterate applicants by Courts or other Officers of the Durbar. The petition writers . will also act as stamp vendors in the Tahsil Courts and at the Secretariat. Application for copy need not be stamped. Copies of orders, judgments and other documents will be granted on payment of usual copying fees.

Sd/ J.S. Lall, l.C.S Dewan, Sikkim State.

11

SIKKIM STATE

GENERAL DEPARTMENT

No 660/G. To

All Elakhadars and Managers of elakhas in Sikkim and the Chief Court, Gangtok

.It is hereby directed that you must follow the Revenue Circular. No 1. of .1917

also in Revenue Suits viz, that no Nepali can purchase Bhutia or Lepchas land .unless

special permission has been accorded by His Highness. the Maharaja of Sikkim. No attachment and sale in Revenue Suits therefore should offend the. spirit of the said Circular. .

By order of His Highness the Maharaja. of Sikkim.

Gangtok, Sikkim C.E. Dudley,

The 21st

May, 1931.

.General Secretary to His Highness the Maharaja of Sikkim.

12

Notification No. 90I/G.

Corrigendum to the Sikkim Debt Law, 1910.

For Rule VIII substitute the following:

No trader shall be allowed to give “Dadani” for cardamom or any other agricultural or. farm produce (such as milk, butter, eggs and vegetables) of a bustiwalla. .Advance purchase of articles at this market rate current at the time of actual supply shall not be prohibited. .

The word “trader” shall include any person who buys or barters commodities with a view to sell the same.

The transaction of “Dadani” shall be declared an offence by the Darbar for which both parties to the contract of Dadani shall be punishable.

By order of His Highness the Maharaja of

Sikkim.

C. E. Dudley,

General Secretary to

His Highness the Maharaja of Sikkim.

Memo NO.IOOO/G:, .

Copy forwarded to the Elakhadars and Managers of elakhas of Sikkim for information and

guidance’ and with the remarks that they will make the purport of the above known to all

concerned in their elakhas and will report of their having done so, not later ‘than the

1st November, 1933.

Gangtok,

The 15th

May, 1933.

C. E. Dudley,

General Secretary to

His Highness the Maharaja of Sikkim.

‘

SIKKIM STATE GENERAL

DEPARTMENT

13

SIKKIM STATE

.JUDICIAL DEPARTMENT

Notice No. 550 /J.

In. modification of notification No. 640 /G. B., of 20th. May, 192 I (General

Department) it is ordered. .

I That gambling and the’ keeping of common gaming houses in Sikkim shall be an offence. The-putting of stakes on games of mere skill such as ‘bridge, billiards, khopi, etc., shall not be included .in the definition of the word gambling, which shall include games .of chance.

II. For playing the latter class of games, viz, games of chance on ceremonial occasions it shall

be essential to obtain, a. license from the Darbar for opening a gaming house or stall.

III. The .operation of law under this notification paragraph 1 shall be suspended during the

days when by religious usage and custom gambling is socially permitted viz during the

‘festivals of Tihar, Lossong and Tibetan New Year’s, day.

By order of His Highness. the Maharaja of Sikkim.

Gangtok, Gyaltsen Kazi,

The 15 th May 1934.

Judicial Secretary to His Highness the Maharaja of Sikkim.

Object & Reasons

Extent.

Rules.

14

MUNICIPAL RULES FOR THE BAZARS IN SIKKIM

WHEREAS it is expedient to frame rules to regulate and control the .sanitation and arrangement of Sikkim bazaars, it is hereby enacted as follows .

These rules shall apply to all bazaars under the direct control of the Sikkim Darbar at present or. which may hereafter fall under

their control. The rules shall be in force from the Date’ of assent of His Highness’ the Maharaja.

ii) The following bazaars are under the direct control

of the Darbar at present, namely Gangtok, Deorali, Tadong, Singtam, Rangpo, Pakyong,. Rongli Naya Bazar and Soreng.

CHAPTER I.

Disposal of offensive matter, ‘rubbish and dead bodies of animals

I. No occupier of premises, houses or shops shall deposit or collect any kind of rubbish or other refuse inside his ‘premises. Any such rubbish shall only be collected in the dustbins provided for the purpose.

II. All occupiers of shops or houses situated in the bazar area shall provide themselves with tins or receptacles with

proper. lids for keeping sweepings and washings of the kitchen. Such tins or receptacles shall not be exposed to public view, and the contents thereof shall be caused to be removed ‘by the owner, at least once in twenty-four hours, to a. place set apart for the purpose,

III. The occupier of premises shall remove or cause to be removed the dead bodies of animals dying within his premises to a place set apart for the purpose. The removal shall be effected within four hours after death of the animal, or if death takes place after sunset, within four hours after sunrise.

. CHAPTER II.

Privies or Urinals

IV. (a) Every owner or occupier of a house or premises wishing to construct a privy or urinal in the premises shall submit an application in writing, on a prescribed form, to the State Engineer. On sanction of application, such privy or urinal shall be constructed on such site, and according to such plan or design, and with such materials as the State Engineer may direct. .

15

Note- Application forms can be obtained from the’ office of the State Engineer or the Bazar Contractor on payment of Rs 8 per form.

IV. (b) All privies or urinals constructed in contravention of rule IV (a) may be caused to be dismantled by ,the Darbar. .

V, All privies or urinals situate in the premises of shops or houses shall be kept by the occupier of such house or shop in a sanitary condition, and no night soil or filth of any kind shall be allowed to flow or to be discharged from such privy or urinal to any drain, water course or public road. Separate receptacles to receive liquid and solid excreta shall be provided. .

VI. All privies or urinals in existence may be caused to be demolished by the Darbar, if the same are found to have been erected without the sanction of the Darbar, or are considered to be undesirable by the Darbar. The owner or a privy or urinal ordered to be demolished under this rule may apply for the erection of a new privy or urinal under rule IV (a).

CHAPTER III

Cattle and other animal accommodation in the

Bazar area

VII. All cattle and other animals kept in the bazar .area shall be accommodated in sheds or stables detached from houses or shops occupied by. human beings. No such shed or stable shall be erected without the permission in writing of the State Engineer, and shall be erected only on such site, .and according to such plan or design, and of such specification as may be approved by the State Engineer.

VIII. No animal or poultry shall be stabled or kept permanently or temporarily underneath the floor of .any’ shop or house

IX. All sheds or stables in existence before the promulgation of these may be caused to be demolished by the Darbar, if the same are considered to be undesirable and unsuitable. The owner of. a shed or stable demolished under this rule may apply for the erection of a new shed or stable under the’ rule VII. .

16 X. No person ,shall let loose or allow his cattle or other animal or

poultry to go about astray in the bazar area. Stray animals found in the

bazar area shall be impounded; pigs and poultry if found straying in the bazar area shall be destroyed or sold by auction, and the sales

proceeds thereof credited to the Darbar. XI. All bullock carts, pack or riding’ ponies or mules shall, after unloading be removed and camped, or stabled at such place as’ may be fixed for the purpose

XII. No person shall tie or cause to be tied any animal to any lamp-post, railing, or other road fence in the bazar area.

XIII. All owners of sheds or stables used for the accommodation of animals or poultry either permanently, or temporarily, shall keep the same. in a sanitary condition, and no stable litter, etc., shall be allowed to be discharged from such stable or shed to any drain, water course or public road. All stable litter shall be removed to a place set apart for the purpose.

CHAPTER IV Shops, houses, and godown, area.

etc in the Bazar

XIV, No person or persons shall build or cause to be built any shop, house, godown, kitchen, stable, hut, shed, etc., on any piece of land within the Bazar area without first obtaining the written permission of the State Engineer, Sikkim. XV. Persons requiring sites for building a shop; house,godown,

hut, shed, etc., “should apply to the State Engineer, Sikkim, in the prescribed form which. can be obtained from the Bazar Contractor or the office of the State Engineer Sikkim on payment of Rs 1-4 per form.

XVI. Shops, houses, godown, etc., .or any portion. thereof in existence before the promulgation .of the rules may he caused ‘to be demolished by the Darbar, if the same ,are considered to be undesirable and unsuitable. The owner .of a.. shop, house godown., etc., demolished under this rule may apply for the erection of a new shop, house, godown, etc., under rule XV.

XVll. Every owner of a shop, house, - godown: etc. shall ‘keep the same in a State .of good repair, and shall carry out such repairs as may be required by the Sikkim Darbar from time to time.

17

CHAPTER V

General

. XVIII. No owner or occupier of any house or shop, etc.,

store or cause to be stored any fuel, wood, charcoal or , j other noxious articles underneath the floor of shops ,or houses.

XIX, No person shall foul any lane, street, alley of the bazar, or commit urine or attend to call of nature in a jungle or open space situate within the bazar area or other prohibited area outside the bazar area.

XX. No person shall place or hang or cause to be put or hung any cloth or other substance whatsoever on the bazar street lamp-posts, or on trees standing in the bazar.

XXI. No person shall obstruct or cause to be obstructed any lane, walk, bye-path, or other thoroughfare by accumulating any articles or substance, or by exposing articles for sale on any part of such lane, bye-path, or thoroughfare.

XXII. All occupiers or owners of shops, houses, or premises shall keep the same in a sanitary condition and free from jungle growth.

XXIII. No person shall make or cause to be. made a vege-table garden within the bazar area either in his own lane or in land belonging to the Darbar without the permission, in writing, of the’ State Engineer.

XXIV. No person shall bathe or wash any cloth, wool, leather, skins, cooking utensils or other dirty and offensive things or any carriage, cart, dog, horse, or any other animal at or near any standpipe or any other work erected for the supply of drinking water.

XXV. No person shall obstruct any authorised servant or official of ,the Darbar from examining the pipe and water connection, with a view to ascertain any wastage or misuse of water supply.

XXVI. In a bazar where water arrangements exist or may be made in future, any person desiring a water connection to be laid on his premises may apply for it on a prescribed form to the State Engineer. The Darbar shall charge a water tax of Rs.2 per month, and the connection shall be given at the applicant’s expense.

18

Note---Application forms can be obtained from the office of the State Engineer, Sikkim, on payment ‘of RS. 2 per form.

XXVII. Any infringement of any of the rules in Chapters I to V shall be punishable with a’ fine which may’ extend to Rs.100

APPROVED. ,These rules should come into force from

1St

April, 1924.

Maharaja of , Sikkim.

TASHI NAMYGAL.

19

SIKKIM STATE

FOREST DEPARTMENT

GAME LAWS

These rules apply to all in. the ‘Sikkim State, with the exception of the Private

Estate of His ‘Highness the Maharaja ‘of Sikkim, whether residents or ‘visitors,

subjects of the Sikkim State or not but may be waived in’ cases where His Highness the Maharaja ,has been pleased. to grant, a written order of exemption. ‘

‘

2. The following licenses are obtainable on application to the Forest Manager, Sikkim State : (a) Large Game Shooting License, fee Rs. 30/-, The holder of this license will

be entitled to shoot the following,

Tiger,. 1 Goral..

Ovis Nahura (Burhel). I Barking Deer

Tibetan Gazelle. I Bears, Panthers,’ Leopards, .

Serow . I. and pigs. . any number,

(b) , Special license, fees, Rs. I5/-.This, license may be ‘obtained in addition to

the Large Game Shooting License and entitles the holder to shoot the following game in

addition’ to the ‘number laid down above

2.

3.

Barking Deer I., Tibetan Gazelle or ,

Goral . 1 Ovis Nahura or Serow 1 , ,

c) Small Game’ Shooting License, fees Rs. I5/-.The holder of this. license’ will be entitled to shoot the following :

Kalish pheasants.. .. ... 2. Luichey(Wild Fowl) 6

Partridges. . 4 Hare . 6

Blood Pheasants, 4 ............. .Green and Imperial Pigeons

and Porcupines any number.

‘(d) Fishing License fees Rs 5—The holder of this license will be entitled

to catch the following----

All fishes and frogs, except cultured fish any number.’

(e) Special Sikkim Bustiwallas License” fees’ Rs.’15/-‘ This license, is issued to

bona-fide Sikkim Bustiwalas only and entitles the holder to shoot the following for the. protection of their crops and live stock :

Barking Deer. 3. Leopards, Bears, Wild dogs

Gorals . 2. Pigs Porcupines, any number

20

3. Not more than one each of any of the licenses, except (b) with (a) will be issued to any

one person for the period in which the license, or licenses are valid.

4. These license are non-transferable and valid for one year only.

5. Landlords and managers of’ Estate are granted the privilege to shoot within their States

Large and Small Game and Fish within ,the limits ‘of Clause 2 (a), (c) ,and (d), but they

shall observe the rules laid down herein and the closed areas. This privilege is confined

exclusively to the landlord or manager himself personally.

‘6.The driving for the purpose of scaring away Leopards, Bears, Wild dogs,. Pigs

and Barking Deer by bustiwalas’ is permitted throughout the year, for, the protection of their

crops, and live stock, provided the drive is not made in any’ Reserved, Forest. ,

7.The closed areas as notified by this Department from time ‘to time shall be strictly

observed.

8. The destruction of Musk Deer, Albino Deer, Black Deer, , Shapi and Tarkin

is totally prohibited.

9. The destruction of females of Ovis Nahura, Tibetan Gazelle, Thar and ‘any deer; and

the removal of the young of wild animals and birds and birds eggs. the destruction of

hornless maIe deer and deer with horns in velvet are prohibited. His Highness the Maharaja

may however be pleased to grant permission to license holders or State ,servants for a

fixed number of females to be shot in the interest of sport, scientific research or for

curtailment of animal life.

10. The following closed seasons shall be observed.

All stags, goral and serow ... . . . . . . .. 1st May to 31

st October.

Hare.. 1st May to 3’lst October.

Green and Imperial Pigeons. . . . . . - ... 1st ‘February to 31

st July.

Ducks, Geese, Teal and other wild fowls 1st April to 31

st August.

Pheasants, Partridges and .other Game Birds

not mentioned herein. .

During the season thus defined no

these’ animals or birds in any’ fashion.

II The, erection and’ Use of fixed engines construction ‘of weirs; poisoning of’ rivers or

streams, the use of explosives, darning and bailing of, water and the use of nets with

meshes smaller in dimensions than one square inch are prohibited and shall be liable to

seizure, forfeiture’ and removal including all game, caught by such means

‘12. The’ use of pellet bows, traps, bow ‘and arrows catapults, birdlime, snares, nets and

hooks and the possession or use of such appliances for the express’ purpose

of taking or. destroying wild animals or’ birds are illegal.

13. The ,shooting of game from motor vehicle: or with artificial -light is strictly prohibited.

I4. The export and sale of all skins’ and horns of wild, animals- and bird: without

the written. permit of the Forest Manager Sikkim State, is prohibited.

15. On demand of any State, Officer, Forest ‘Guard, or, authorized person -the licensee

shall produce his license for inspection

15th March to 30

th, September..

. one shall destroy. nest or. capture any, of

have left the, shooting or fishing grounds they will be, dealt with under rule 20,

17Sportsmen must report to the Forest Manager all cases of injuries’ received by any person

or persons ,with full, report on the circumstances of occurrence, compensation or reward paid

by them to the’ injured person or persons or his or their relatives. Disregard of this rule may-

result in forfeiture and refusal of any of the foregoing license or licenses any future occasions

and drastic ,action being taken.

18; ‘The following are the’ dimensions laid down as definition of shooting heads :

Burhal.. ..22”

19. Licensees are requested on the expiry of their licenses or in the case of ‘a visitor not

intending to shoot any more that season to return their license or licenses to the issuing

authority with a, written statement showing the number of animals killed by him’ duly signed,

.

20.For any breach of these rules the offender or offenders are .liable to a ,fine up to Rs100-or

imprisonment not exceeding three months or both on the first, conviction and Rs 200/- or six

months imprisonment or both on any subsequent conviction. In either cases the punishment

awarded will be in addition to the forfeiture of guns, nets, fishing tackle or any other weapon ‘or

instrument used including dogs, as well as all trophies.

2 I, Any person giving information leading to the conviction of any offender of the above rules

shall receive a reward not exceeding’ Rs, 50/-.

22The following scale of reward will be paid, for the destruction of vermin’s

by-license holders or any other specially privileged, as noted against each name

Tigers and Leopards.. ... . . .. . Rs 5/- each.

Bears and Wild Dogs. . . . . .. .. .. Rs3/-

Otters, Jackals and Wild cats.. . . .. Rs1

In all cases the reward will be, .paid on the production of the skin before it is

tanned. The skin will be stamped by the Forest Manager, Sikkim State and returned to the

killer, if a license holder.

23 Bona-fide Sikkim Bustiwallas may, also destroy the above mentioned vermin

as in rule 22 under the same, conditions but only outside the Reserved Forests

24-.Suggestions for the improvement of Sport’ in Sikkim and reports of the infringement of

any of these rules by licensees will be highly appreciated. All matters should be addressed to

the Forest Manager, Sikkim State:

This will come into effect from 1St

September, 1946 in super session of the existing

Game Law.

21 .

16. Licensees are requested not to ‘leave their’ Weapons or ‘fishing tackle with

their shikaries or make present of arms and ammunitions to the subject of this, State,

without’. the consent of the Sikkim Darbar Shikaries are warned that if they are found

with the sporting :,implements and. weapons of their employer after their employers ,

By orders of His Highness the Maharaja of Sikkim.

Gangtok, , B.B., Pradhan

The 1st

September,1946. FOREST MANAGER~ SIKKIM/STATE

vi)

vii)

viii)

ix)

x)

xi)

i)

ii)

iii)

22

SIKKIM STATE INCOME TAX MANUAL

i. Extent and commencement:

THIS MANUAL WILL COME INTO FORCE’ FROM. 1ST APRIL 1948.

Definitions

. Gross Sale proceeds means all proceeds secured from ‘the turnover of a

business ,within the territory of Sikkim

Agricultural Income means ,gross produce income’ derived ‘by a landowner

from land under maize and paddy

Salaries means the aggregate emoluments paid to a Government employee

including pay, Special Pay ,personal’ pay and allowances’ but excluding travelling,

house, Vehicle and horse allowance

“Patta Estate Income” means. the difference between whatever moneys. landlord

of a estate realizes. -from the Bustiwallas of his estate. and whatever amount he

pays to .the Government

Assessee’ means a person or an ,association of persons by whose income

tax is payable as also their legal representative. .

“Government means the ‘Government. of Sikkim

“Person” includes individual, joint or undivided family, Firm or any; other

association of .individuals

“Previous Year”. in respect of an assessment .means ‘the financial year. from 1st

April, to 31st March preceeding the year in which tax assessed .is to, be collected

Joint or undivided family” mean, whose. members jointly own .landed property, or

whose landed properties are either held a piece or ..collectively person or persons

within the circle of the family who ate not legally . separated under deed of

partition.

“Income Tax Officer” means a person appointed by the-Government entrusted

with the conduct or management of the .levy or assessment of Income tax coming

within the purview of the Manual.

“Charitable institution” means all such religious, educational or social institutions

recognised by Government as such..

i)

ii)

iii)

iv)

v).

. ASSESSMENT OF INCOME TAX ON BUSINESS

Income Tax shall be ‘charged on the gross sale proceeds of previous year of all persons -engaged in business at the rate prescribed.

Every person doing business is expected to keep proper accounts and produce It on demand before the Income-Tax Officer who in default or in cases of satisfactory account will assess tax according to. his discretion.

For assessment of tax all persons doing business shall complete their accounts of the previous year before the end of June, every year.

23

6. ASSESSMENT INCASE OF DISCONTINUED BUSINESS

Person intending to dose down business for good shall give previous notice to the Income-Tax Officer. of the closure for assessment of tax. Such notice shall also be given to

the Income Tax Officer for temporary closure.

7. PAYMENT OF INCOME TAX IN ADVANCE

The Income Tax Officer will maintain a Register of non resident assessees ‘and 1ncome Tax will be realized in advance subject to adjustment on submission of. accounts

by such assessees.

8. ASSESSMENT OF INCOME TAX ON AGRICULTURAL PRODUCE

i) Agricultural Income Tax is liable to be assessed on person, individual or the members of the head of joint and undivided family on. the gross produce income

derived, land .owner from land under maize and paddy. The annual gross produce of 100 mories or less is exempt from Income Tax.

9. RATE OF TAXATION

The rate of such agricultural taxation will be assessed at Rs. 3% per .annum computed on the total value of the gross quantity of paddy and maize produce at the nearest. market, of the assessee.

----_.

*Correction to Sikkim State Income Tax Manual No’ 3/IT dated 18./4./1950. Page 31.I.M. Rule 5.

The following shall be the rate of assessment under this rule with effect from

1.4.1950

(i) Rs.3/- per thousand per annum in case of business yielding gross sale produce from

Rs. 2,000/- to Rs. 4,999/

(ii) Rs.5/- per thousand per annum in case of higher sales i.e.; RS.5,OOO/- and above.

Correction to Sikkim State Income Tax Manual No. 2/IT dated 18.4.1950.

Page 4 &:5 Income Tax Manual.

Delete Rules 8 & 9 for assessment of Income Tax on Agricultural produce and rate ‘of

taxation.

5 RATE OF ASSESSMENT

All persons doing business shall be assessed tax at Rs 3%per annum on the

gross sale proceeds of the previous year A business yielding gross sale

proceeds on Rs 2000/0r less will be exempted from assessment

24

PARTITION OF JOINT OR UNDIVIDED FAMILY. 10.

An assessee will continue to be assessed as a joint family unless satisfactory proof’ is produced of the family partition. Any description of the family during the middle of the year will be treated as such from the following year. .

II. RETURN OF INCOME STATEMENT OF AGRICULTURAL..

(i) At the commencement of each financial year the income tax Officer shall issue notice with prescribed form enclosed to. all those persons, who are in his opinion liable to assessment of agricultural income tax, calling upon them to submit return in the prescribed form duly signed within the time specified in the notice which shall not be less than 60 days from the date of the notice). Failure to submit return within the prescribed time will entail summary assessment at the discretion of the Income Tax Officer.

(ii) If the Income Tax Officer is satisfied without requiring the presence of the assessee or the production by him of any evidence that the return so made is correct and

complete, he shall assess the total quantity of agricultural produce and shall determine the sum payable by him on the basis of such return the rate stipulated

after such enquiry as is deemed fit.

12. SALARY.

The tax shall be payable by all the Sikkim State employees drawing salary of RS.200/- and above per month. Such amount of income shall be deemed. to be

salary due on the date when payment is received by the employees.

Correction to Sikkim State Income Tax Manual page 6 Rule 12 ‘Salaries’. Correction No. 4/IT dated 12.5.1950 .

Provident Fund deductions of all kinds are exempted from income Tax.

13. RATE OF TAXATION.

Income Tax on salary will be assessed at the rate of Rs. 3 % per annum on the

total amount of salary received by an employee during the .course of a financial year.

Modification of Rule 13 Rate of Taxation.

Correction No. I/IT of 30/3/.1950

Income Tax on Salary will be assessed at the fallowing rate:

(i) RS.3/- per thousand per annum in the case of incomes from Rs.200per. month to Rs. 399/ .

(ii) @ Rs. 5/- per thousands per annum in case of higher income i.e., Rs. 4-00/- and above per month.

25

I.4.(i) Working on the annual basis of the rate only such amount forming part of the tax

payable on the monthly salary of the assessee shall be deducted and adjusted towards Income Tax accounts from out of his salary bill at the end of such month by the financial

Secretary on intimation from the Income Tax Department. .

(ii) At the beginning of each financial year a statement of accounts showing in detail of the monthly tax so deducted during the previous year shall be made available to the

assessee for his satisfaction by the Income Tax Department if so desired.

(iii) On receipt of such statement, if any discrepancy is observed by the assessee. in

deduction of the tax on the salary of .his previous year’s accounts, he should, on his own motion, inform the income tax department in writing for such necessary rectification of the

accounts. On such application, if there was-an over assessment, refund will be allowed and readjustment of tax, if overlooked will be done after verification.

15. ASSESSMENT OF PATTA ESTATE INCOME.

i) The Tax shall be payable by all the landlords. of Sikkim State whose profits is over

RS.2,000 per annum

ii) RATE OF TAXATION.

Income tax on patta profits will be assessed at the rate of Rs. 3/- per cent per

annum.

16. ASSESSMENT OF LOANS IN CASH OR KIND.

I) Tax shall be payable at the prescribed rate on principal loans in cash or kind above RS.2,000/- irrespective of the particular exemptions.

ii) RATE OF TAXATION.

Income Tax on principal loans in cash will be assessed at RS.3 per cent.

17. GENERAL EXEMPTION.

charitable institutions are exempt from income-tax on all categories of income.

18. TAX WHEN PAYABLE-GENERAL RULE.

Any amount specified as payable in a notice of demand, shall be paid into the State Bank delete within the time given thereunder, and any assessee failing so to pay’shall be deemed to be default provided that, when an assessee has presented. an appeal, the appellate authority may in his discretion pass stay order .when the assesse will not default in respect of such tax so long the stay order remains in force. .

19. When an assessee is in default in making payment of’ income tax the Government may in its discretion direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered by distrait from the assessee by way of penalty.

26

20. FRAUDULENT DELCATION OR STATEMENT.

If a person makes a statement or a verification in as income tax Return which is false, and which he either knows or believes to be false or does not believe. to be true, be liable on conviction to a fine which may extend to RS.I,000/-.

21. TAX TO BE CALCULATED TO THE NEAREST RUPEE AND ANNA.

In the determination the amount of tax payable annually or of a refund payable under

the Manual, fraction of rupee less than eight annas shall be disregarded and fraction of eight annas equal to or exceeding it shall be regarded as one rupee. In the case of tax

deductible monthly, falling under the head ‘Salaries’ fraction of an Anna less than six pies shall be ignored and fraction of six pies equal to or exceeding it shall be regarded as one

Anna.

22. APPEAL AGAINST ASSESSMENT UNDER THIS MANUAL.

Appeal from the assessment of Income-tax or penalty imposed under any of the

foregoing clauses will lie to His Highness the Maharaja of Sikkim through the Department

concerned.

23. POWER TO SUMMON PERSON.

The Income Tax Officer will have powers of a civil court to issue process to en

force the attendance of persons for the purpose of enquiry into any matter arising out of

assessment of Income tax.

24 FORCED RECOVERY AND TRAIL OF CASES.

All forced recoveries of Income tax or penalties imposed under the provisions of this

Manual will be done by the Revenue Court and all cases under para 18 of this Manual will

be triable by the’ Chief Court.

27

GOVERNMENT OF SIKK\M

Health and Works Department

Notification No.6326-600-H&W-B.

Under powers conferred in para 2 of Notification No. 1366--G. dated the 28th July

1947, the following Rules have been framed to regulate letting and sub-letting of premises controlling rents thereof and unreasonable eviction of tenants as the scarcity of housing

accommodation still exists’ in Sikkim..

I The landlords can charge rent for premises either for residential or business

purposes on the basis of the rents prevailing in locality in year 1939, plus an increase upto

50 per cent so long as the scarcity of housing accommodation lasts.

2. The landlords cannot eject the tenants so long as the scarcity of housing

accommodation lasts, but when the whole or part of the premises are. required for their personal occupation or for thorough overhauling the premises or on failure by the tenants to

pay rent for four months the landlords may be permitted to evict the tenant on due application to the Chief Court.

3- Any tenant may apply to this Department for fixing’ his rent. On receipt of such application the Department will enquire about the rent. prevailing in. the locality in

1939 , and fix rent as per Rule (I) above.

4- Any person acting in contravention of this Notification will be liable to prosecution

under para..4. of notification No”.I366-066-G. dated the28th July, 1947.

5 The tenant means those person in actual occupation. Landlord. means owners of the. premises. These rules will come into force with immediate effect.

By ‘order of His Highness the Maharaja of

Sikkim.

R.B. Singh

Gangtok,

The 14th, April, 1949.

Secretary, Health and Works Department; Government of Sikkim.

PART II

A NOTIFICATION PROVIDING FOR REGULATION OF FOREIGNERS

28

Whereas it is expedient to provide for the regulation of foreigners being

present in an departing from Sikkim, it is hereby ordered as follows:

1. The Sikkim Darbar may designate any person or class of persons as foreigners

for the purpose of rules framed under this notification.

2. The Sikkim Darbar may make rules:

(a) for requiring any foreigner entering or being present in Sikkim to report his

presence to a prescribed authority within such time and in such manner and with such

particulars as may be prescribed;

(b) for requiring any foreigner moving from one place to another place in Sikkim to

report, on arrival at such other place, his presence to a prescribed authority within such time and

in such manner and with. such particulars as may be prescribed;

. (c)for requiring any foreigner who is about to leave Sikkim to report the

date of his intended departure and such other particulars as may be prescribed to such authority

and within such period before departure as may be prescribed;

(d) for requiring any foreigner entering, being present in, or, departing from Sikkim to

produce on demand by a prescribed authority, such proof of his identity .as may he prescribed;

(e) for providing for such other incidental or supplementary matter that may appear to

the Darbar necessary or expedient for giving effect to this Notification.

3. PENALTY:- Any person who contravenes or attempts to contravene, or fails to comply

with,’ any provision of any rule made under this Notification shall be punished, if a foreigner, with

imprisonment for a term which may extend to one year or with fine which may extend to one

thousand rupees or with both, or if not a foreigner, with fine which may extend to five hundred

rupees.

4 EXEMPTION:- The Sikkim Darbar may declare that any or. aIl of the provisions of the

rule made under this Notification shall not apply, or shall apply only with such modifications or

subject to such conditions’ as may be specified in the said order, to or in relation to any individual

foreigner or any class .or description of foreigner,

B. RULES FOR THE REGULATION OF FOREIGNER5.

1 Every foreigner, including foreigners in transit to India, shall on entering Sikkim personally

report at which ever of the following check posts is nearest his point of entry. Gnathang,

Pundramile, Chungthang, and’ state the particulars required in the register in form A. The entries

should be made by or behalf of the foreigner in English, and in any case must be signed by him,

or, if illiterate, he will affix thereto left thumb impression.

29

EXPLANATION : A foreigner will be deemed in transit to India if he intends to spend not more than 10 days in Sikkim from the date of reporting his arrival at a check- post.

2. ,All foreigners to whom rule I applies should procure from the check post at which arrival is reported a permit in form B.

3. On reporting at the registration office in India specified in form B, a foreigner will surrender

his permit in form B to that Office.

4. A foreigner who

(a) took a permit in form B for transit to India, but does not proceed to India within 10 days of reporting his arrival, or,

(b) does, not intend to proceed to India and stays in Sikkim for a period exceed

ing 10 days from the date of reporting his arrival, shall before the period of 10 days

has elapsed, report at the Office of the Superintendent of Police, Gangtok and obtain

a permit in form C which shall be valid for’ a period not exceeding three months from the

date on which the foreigner reported his arrival in Sikkim.

5. If a foreigner holding a permit in form C wishes to proceed to India, he will .report at the

Office of the Superintendent of Police, Gangtok, and surrender the permit in form B.

6. A foreigner holding a permit in form C shall, on return, surrender the permit

to the office in charge of the Check post nearest his point of departure, taking a receipt in

form B.

7. All foreigners to whom these rules apply shall on demand of a police officer of ,above the rank of’ Head Constable, or revenue officer of and above the rank of a Revenue Inspector, produce either ,a permit in form B or a .permit in form C, as the case may be and, on failure to do so, shall he liable the penalty specified in Clause 4 of’ the Notification.

8 The term foreigner shall include all Tibetans but the following persons

shall be exempted from the requirement to obtain permits in form B&C

Tibetan Official and members of Tibetan delegations.

TASHI NAMGYAL

MAHARAJA OF SIKKIM

30

FORM A

ARRIVAL REPORT REGISTER

1.

2

Serial Number.

Name in full (block capital, surname first). Sex Height Colors of eyes

Date and place of birth. Nationality.

Address of last residence. Occupation or profession.

Purpose of visit . Designation and rank held. ..

Number, date & Office of issue of passport, or particulars of other proof of identity. Address or intended address in Sikkim.

Address or intended address in India. Place of departure for India.

Intended date and place of arrival in India. Signature (or thumb impression, if illiterate). (Name of office) Date (Officer in

charge)

3

4 5. 6. 7. 8. 9.

10.

11

12.

13.

14-

.15.

FORM B

TRANSIT DEPARTMENT

Serial No. .. Mr. .. .. . . .. ... . . . . of .. . . . . . . . . .. having reported his arrival at Serial No.... . ... (as in form A) at .. .. (check post) on... .. ‘(date) is directed to report to the (Registration Officer)at.. .. .. . .(place) within 24 hours of

his arrival at that place’ to receive his certificate of registration.

2. This permit will be valid. up to.. .. .. (ten days from the, date on which arrival. (ten days

from the date on: which arrival is reported) and must before that date, be replaced by a

certificate of registration at the place specified in paragraph I. If the holder cannot report

within 10 days to take a certificate of ,registration he will report at the Office of the

Superintendent of Police, Sikkim State, at Gangtok, to obtain an extended permit.

3. The contents of this form have been explained to the holder thereof.

Sd/. (Officer in charge of Check post).

31

FORM C

TEMFORARYRESIDENCE PERMIT NO.

Mr. . . . . . . . . . . . . of. . serial No ...... .. .. (as in form A) at. .. (date) is permitted to stay in Sikkim upto.. .

. . who reported’ his arrival at . .

check post ) an..

.

Sd/(Superintendent of’ :Police ,Sikkim, State).

FORM D

RECEIPT

NO.

Received from Mr.. . . . . . . . .. . . . . ‘who’ originally ‘reported arrival

at serial No.. .(as in form A) at... .(check post)

on.. .. (date), his temporary residence permit in form C. No. .. , !

Sd (Officer in charge

of Check post).

32

SIKKIM DARBAR GAZETTE

Gangtok, October, 1951

No.5.

RECORD WRITING OR KOTHA PURNU OR DRU-DEB AND ATTESTATION RULES

FOR SIKKIM STATE

I. Record writing or Kotha Purnu or Dru Deb will consist of the writing of one khasra and one

set of Khatiyans in the prescribed forms. The record writing or Kotha Purnu or Dru Deb will

usually commence after the field survey is completed but this may be done earlier with the

permission of the Head ,Inspector or Inspector if at least half of the Block has been surveyed

and checked by the Head Inspector or Inspector or Head Amin.

2. Unit of survey and settlement: The Block will be retained as the unit of

survey and settlement.’ Boundaries of a Block or elakha will not be changed without proper

sanction.

4. The Amin will also prepare a note sheet (Yaddast) for each Block which he

will attach to the cover of Khasra-inside. In the. Yaddast he will enter:

(a) Notes of any points he may wish to bring to the: notice of the Head Amin and

the Inspector.

(b) The numbers of fields which any entry is incomplete or about which an

agreement is to be taken under the terracing ordinance or a transfer deed as to be

registered.

(c) The fact that the boundary dispute has been raised.

(d) Notes about Free-hold grants, Jagirs, Home farms and Private estates.

(e)Remarks about loss on which other than the owner claims’ more than five

years possession.

(f)Change in classification of land. The Amin should give a note about cultivable waste land

available for Sukumbasi within the Block and in the Reserve Forest outside the boundaries of

the Block to the Inspector,. He should also note the number’ of Sukumbasi’s families residing

within the ‘block. The Inspector after local inspection will report the matter to the Settlement.

Officer with a Map of the plots.

3. Cases of dispute: The Amin will prepare a dispute list in the prescribed form and will

enter all cases of dispute in it giving brief particulars of disputed cases. Whenever a dispute is entered in the dispute list concerning any entry connected., with a khasra plot the number of

the plot in column I of the khasra shall be encircled with a ‘red line. Inspecting Officers should be particularly careful that all’ disputes are recorded. The disputes should be disposed of

promptly. The services of MandaI and Block Panchas and other reliable persons should be freely used by the Asstt. Record Officers in dealing. with disputes and their evidence taken on

the subject matter of dispute when necessary. The attesting Officer should make local inspections where necessary.

The name of the Block with chak or Tappa, if any..

The name of elaka.

The name of Tehsil.

Name of Amin.

Name of Head Amin.

Name of the year . of survey (Both Nepali and A.D.) and

Dates of ‘beginning and completing the record writing.

(2)The Amin will make all entries ,in the Khasra while standing in, ‘the

field to which the entries relate.

(3) Col. I will contain the ,trial No. of the field to agree with the map. A field is

a portion of land of the same class. in the -actual cultivation of the same

person, the number of kitas, garras or sirhis of sub divisions of a field are not

to be separately mapped, but their number, is to be entered in Col. 4.

33

(i) The Amin will commence :record writing which includes field numbering and

writing the Khasra and Khatiyan as soon as the survey. of the block is completed or

. earlier with the permission of the Inspector.. The numbering will

start ,from the North West Corner generally in blocks to the East, come back

again to the West taking the plots just below and so on finishing. at the ‘end

in the South-East corner.

(ii) Numbering of plots will be done.: sheet-wise where the map of a block is

contained on more than one sheet, but where the fields situated in the same

block have been plotted on ‘the margin of a map, the numbering will be in

the same continuation as. in the- Main Map.

(iii) The numbering will be first in pencil and will be: inked only after the

head Amin or the Inspector has checked it. thoroughly . Where the

Amin is incapable of inking the numbers neatly, it will be done by

the Head Amin or the Asstt Inspector himself.

(iv) Kudan numbers must be avoided but if there are any, a note about

them will be made-in the margin of the map.

6. Each Amin should keep a copy of approved conventional signs. Highest and lowest

altitudes of the Block should be noted in a triangle - near the North ‘point in the map. Khasmal, Goucharan, cultivable and uncultivable waste and orange groves and cardamom

cultivation should carefully be shown in the map by approved signs in the map. Plots fit for cultivation within Reserve Forest outside- the boundary of a particular Block should also be

Shown outside the boundary of, the Block concerned by the conventional signs approved for cultivable waste land.

7 All fruit trees, such as, Santola, Ambak, etc. growing on occupied land should be

counted and the number and descriptions of the trees entered in the remarks column of the Khasra and- Khatiayans.

8. Khasra. On the first page of the Khasra, the Amin will enter the following details (i) :

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

“ 34

(4)

(5)

Col. 2 will contain the name of bari (tok) or’ plot.

CoI. 3 will contain height of the plot above the sea level. It should

be carefully ascertained and survey Inspector: will verify the height of each Block with the ‘help of his Aneroid Barometer

CoI. 4 will contain the ,number of garras, sub divisions, of the field,

CoI. 5 will contain the name. of the bustiwalla and his ,father’s name and

caste and the place of his residence. The Amin :should carefully ascertain

father’s name of the bustiwalla and enter in this column.

(6)

(7)

The names, of tenants and bustiwallas of Private Estates, free grants, monastery

Estates, Jagirs ,Muafees, etc. will be entered in this column like the bustiwallas of other

Ellakas ,as practically there is no difference between the Bustiwallas of these various estates

and Ellakas. The right of ,a ‘person including a secondary holder, kutiya or Adhiyadar who’

has’ remained in continuous possession for over 12 years cannot be questioned by the

person against whom such possession may be construed. His name will find place in this

column as bustiwalla like’ other bustiwallas. Succession or other disputed cases will be

governed by the ordinary law of the State.

CoI. 6 soil classification will be, given in this column. The main basis for classification of both Panikhet and Sukha bari will be elevation above the sea level. There will be three classes in each case I.,II and III; first class will again be divided into’ two’ sub classes (a) &(b). In short the classification will be as follows;

Class I (a) upto,3500 feet (b) Class II from 3500 to’ 45’00 feet Class III above 4,500 feet

(8)

9. Land can be upgraded or’ downgraded according to the circumstances of particular case, though by altitude it would fall in a different class,. for instance land which may be excessively steep or stony or due to’ some other natural causes be incapable of bearing the rate of rent of the class to’ which it would fall on the basis of elevation, may be downgraded; of the other and there may be some ‘plots which owing to’ the proximity to’ markets of village’ sites or cart roads or on account of other special fertility or produce on other allied causes, may seem to. be capable of paying khazana of a class higher than the one to’ which they would fall by altitude, may be upgraded. Such change should be made in the presence of :the. Bustiwallas concerned. The Amin in the ‘case of such variation will submit a special report to’ the Head Amin, who after local inspection will confirm the change In the. classification if’ he agrees with the Amin. In case of difference of opinions the .Head’s Amin will forward the report of the Amin to’ the Inspector with his remarks. ‘The Head. lnspector or the, Inspector after local inspection will decide the class of the land in the presence of the Amin and the owner of the plot. who’ if aggrieved can refer the matter to’ the Settlement Officer, ‘who will have power to change classification of land. The Amin in every such case

will make a’ special entry in the remarks column of the Khasra under his dated signature. Head Amin and other inspecting Officers will pay special attention to such

35

.entries. Number. of orange trees and other trees should ,be shown in the. remarks

column In case of waste: land in, the possession. of a bustiwalla which was: never’ brought

under cultivation will be recorded in this column as Banjo, without any .class, and

waste . plots’ not cultivated within the last 7 years , will be recorded as Banjar without

any class; Plots cultivated within the last 7 years but not within years. will be shown

in this column ,as Pratigadim -upon .dry III class i.e. P.O. dry lII Siro .’Baries ..will

be treated like’ cultivation..

The area of Banjo and Banjar :will be entered ,in columns 7,12 only. Waste

plots cultivated within the last’3 :years but not :within one, year ‘will be’ known as partizadid;

.such plots,. Ilaichi. Baries, .orange groves and Siro, Baris will ‘be. classified. like

cultivation according to, the elevation and, other. circumstances, e.g. , Ilalchibari Bag I, I, ll

III, Suntal. Bag’ I, Il or III Siro ‘Bari.I, II,’III dry.

Siro Bari

Co1. -7 will contain total area of the block in acres.

CoI. 8 Crop.

Where one crop only is grown in the field in the course of the ‘,year the name

of that crop will be entered. Where the land is do-fasli ,the name; of both the crops will be

entered. When two or more crops are sown together the name .of the two principal crops with

the word... Chhasmis under .it will . be entered. When entering Dhan as the crop it must also

be ascertained if both, kinds of Dhan crops Bhadai and Aghani are grown in the field and if so

an entry be, made in the remarks column. Such plots will be included in ‘the :Dofasla area.

Where different Crops of the .same class ,are grown in different portions of

the same field, the Amin will enter :roughly the ‘portions of the field’ under each crop

e.g. I 2 annas maruwa, 4 annas phapar.

If dofasli crops’ ‘are - grown on a whole ‘plot’ write Makai 16 annas wheat 16 annas,

if each crop only on a half portion then write Makai 8 annas wheat 8 annas. If half of a piece

of land was sown with maize and the rest kept fallow at the time but on harvesting makai,

Phapar was sown on the whole plot, then the entry will be as follows:- ..

Makai 8 annas, phapar 16 annas. It is generally seen here that Kodo crop .is

grown after Makai crop on the same’ field. Such area will be treated as’ Dofasala. When

the. plot is under cardamom plantation the word Ilaichi upon’ number of years during’

‘which the cardamom has been on the plot will be entered, e.g. Ilaichi 3 years.

‘”

In case of waste plots - their class given in column 6 will be written’ here i.e. Banjo. Banjar, Partizadid, Pratiqadim Bag, etc.

10. Col. 9 - Area of Cultivation should be given, in this column in acres and decimals, one acre of Panikhet should be taken as equivalent to 3 pathis and one acre of Sukhet to 2 pathis.

II. Col. 10 should contain double cropped area, ‘& Column 11 will contain area of orange grove.

36

12. Col. I2 - Area of Banjo (uncultivated land) in possession of a bustiwalla will be

entered in column 12 in acres. It will include fuel and fodder reserves as under bamboo

clumps and the Banjar land which has not been brought under cultivation for the last 7 years.

In Column 13 area of Cardamom cultivation should be given.

Partiqadim or Partizadid land and Siro Baris will not be entered in this column

but recorded as explained in column 6.

I3. Column ‘14- - The area of the following classes of land which are not to be

assessed will be entered in this column Khasmahal, Gourcharan, cremation and burying

grounds, other reserves, P.W.D. Roads, other roads and paths, Dak Bungalows, School, State

Office buildings and quarters etc.

14-. Column 15 - Remarks.

Entries will be made in this column, in accordance with the foregoing rules.

Points necessary for Milan Khasra should also be noted in this column. Whatever is entered

in the remarks column of the Khasra must also be entered in the remarks column of the

Khatiyan. Average annual outturn and income from oranges and cardamom should be given

in the remarks column. The reservation of lands or camping grounds, Markets, Goucharan, ,

cremation or burial grounds, home farms, free grants etc. should be noted here against the

plots concerned. Names of roads, village paths water channels, rivers, schools and official

buildings, shareholders with their shares Kutias - Adhiadars - mortgagors or others secondary

holders with number of year they have been in possession should also be noted in the

remarks column.

Road reserves and water reserves are -.recorded in the’ name of the State, 2.0 feet

in case of dry fields and 10 feet in case of paddy fields should be recorded as reserve on

either sides of all State paths’ in Sikkim except on steep hillsides and places liable to land

slips where 5O feet reserve shall be kept on either side of the road. In case of cart roads the

existing practice of retaining 5O feet on either side shall be continued where the road borders

on dry fields and 10 feet on either side of the road bordering a paddy field. The old practice of

keeping only 8 feet road reserve on ,either side of the road shall be maintained in Lachung,

Lacnen and Chungthang. Amins and Head Amins should report cases of encroachment to

Inspector, or Head Inspector’ who after local inspection ,will report the matter with a map to

the Settlement Officer, who will get such encroachments removed where necessary at the

cost of the trespassers and the latter can also be prosecuted u/s 447 I.P.C. At the end of the

Khasra, the Amin will make a note about the Sayar (miscellaneous income of each. block)

Goshwara will be prepared carefully :lt the end-of each khasra ‘giving the, following

details: It will be thoroughly checked by the Head Amin and the Assistant Inspector and

Inspector.

I

Total number of plot...

37 2 Total area of the Block

3 Total area of irrigated land Class Class Class I (a) II III (b)

4 Total area of dry

land Class II III

Class I (a) (b)

5

Total area of Banjo

9

Total area of Uncul-

tivable Banjar

6 7 8

Grand total of columns Total area of Cardamom Total area of

3, 4- & 5 Cultivation Cultivable Banjar

10 11

Grand total of Cols. Total area of Khas

6,7,8 & 9 mahal from Cols.

No.8 & 9

13 14

Total .area. of oranges’

groves from Co!. No. 4

12

Total area of Gou

charan from CoIs.

8 & 9

15

Total area of home farms Total area of Jagirs

from Cols. 3,4-,5 & 6 Muafees or free

grants,

from Cols. 3 to 6. 15. Khatiyans and parchas :

I. In the first page of the khatiyan will be written the name of the Block, Ilakha,

Tahsil, MandaI, Amin and Head Amin. Khatiyan will be prepared from khasras in duplicate,

one copy called parcha for Bustiwala and the other called khatiyan for office use.

2. The Amin will give a serial number to each khata and give class wise total of khata. The khatiyans will be prepared first for Bhutias, Lepchas and then for Nepalese and others, alphabetically.

3. Column I will contain the serial number of the khativan and Col. 2

name and parentage, caste and residential -address of the Bustiwala. .

4. Column 3. Name of the plot or Tok should be given in it.

.5 Column 4-. Khasra number of the plot will be given here.

6. Columns 5, 6, 7. In these columns irrigated lands will be shown class wise.

7.(a) Column 8. In this column Sukhabari (dry land) will also be shown

class wise according to the principal laid down. The class of the land will be shown under the area figures e.g. .

3. 5. acres 2. 2. I

I II III

(b) Partikadim land which has sometimes been under cultivation within the last

7 years but not within 3 years will be entered in this column as dry land of class III.

16. Column 9 will contain the area of Banjo including fuel and fodder reserve.

Partikadim land should not be shown in this column but in column 8 as Sukhabari Class III.

Banjar land not cultivated for the last 7 years will be entered in this column along with other

Banjo land in the possession of the owner of the Khata.

.38

8. Column 9, will contain ,the area of Banjo including fuel and fodder reserve. Partkadim land should not be shown in this column but in column 8 as Sukhabari Class.: III. Banjar land not cultivated, for the last 7 year. will be entered in this column along with other Banjo land in the Possession of the owner of the khata.

9 Column 10 - Total area of the plot will be given in this column.

10 Column 11 - Area of orange groves should be given in this. column.

13 Column 14 will contain the area of the plot in Pathi, Manas.

12 (a) Column 13 - Khasmahal - Gorucharan Areas of reserves road, camping grounds, School, etc. will be entered in this column

. (b). Free hold grants - Muafis and Darbar lands are not to be entered in this col. but they should find place’ in’ one of the columns 5 to 10 according to their classification. They should have separate khatas in, the Khatiyans.

14 Column 15 should be left blank by the Amin. It will be filled later in Office.

15 Column 1 6 - All remarks from the remarks column of the khasra should be copied out here.

16 (a) The Amin should prepare Goshwara according ‘to the Khasra Goshwara columns ‘at the end of the khatian.

(b) Separate Goshwaras will be. prepared for Bhutia - Lepcha and Nepali and other

tenants.

(c) .Goshwara for Bhutias and Lepcha tenants will be prepared at the bottom of the khatian where their ,last ,khata of the khatian ‘where their Iast khata number ends. Thereafter the khatian of Nepali and other tenants will begin and the serial numbers will be continued from the last Bhutia.- Lepcha Khata number. At the end the .Goshwara for Nepali and other, tenants will be prepared. In the last page grand total of the three. Goshwaras will be given ‘which should tally, with the grand total given in the khasra Goshwara. Head Amins will be held personally responsible for the correctness of these Goshwaras totals.

11. A list of objects along with sign for them with which they will be marked on the Block Maps where such objects exist, is herewith attached.

1,2.. The Amin should carefully fill in all the columns of the block descriptive chart (Gaon Halat) and read it out to the. Bustiwallas and take the signatures of the MandaI and panchas and other responsible person on it and attach it to the khasra. It is the duty-of MandaIs and Bustiwallas to attend during survey to assist Survey parties in ascertaining correct boundaries and the auto primary and secondary’ holders concerned If Bastiwallas fail to attend, errors of, which Amins cannot be held responsible. .are like to occur. After completion of survey and record writing, Khatian parshas are issued to Bastiwallas of each holding. These slips enable bustiwalla’s, to know exactly what has been recorded by the Amins. The Amin will hand over their .khatian slips to Bastiwallas. in the presence .of Mandals and block Panchayats ,and the Head Amin. Signature of the- Bastiwala concerned and the Mandal Will be -taken the back of the office by of the khatian in token of, receipt. The slips of-the Bustiwallas who are not present will be handed over to the. Mandals,. or Head Amins or other inspecting officers. Amins will. carefully prepare block boundary. descriptions and take the signatures of mandals and bustiwallas concerned ,thereon.

39’

I3. Head Amins and Survey Inspector’ Will pay special attention to this work and

see that slips are promptly distributed. Severe action will be taken if any kinds of complaints are received.

14.. A further ‘verification of khasra and khatian slip entries is carried out when attestation is done an dates fixed for the purpose and notified in advance. The attesting

officers will visit each area in turn. 15 The slips of every block will be taken in groups and compared with the office

copy of the khatian, khasra and map and the entries in each of the slips will be read over and explained to. the Bastiwallas concerned. If they agree to. the entries prepared on the slip

relating to. them, their signatures or thumb impression will be taken ‘on the office copy in token of their assent.

16. The cases in which the proposed entries are not assented to., will be dealt by the attesting officer separately. He will hear objections to. the record writing on the spot and

decide them summarily after taking the’ evidence of the Mandals ,Panchas and other reliable persons. When necessary he will make personal inspection of the plots in ‘dispute.

Appeals call be filed from the decisions of Attesting officers (A.R.O. or A.S.O:) in the Court of the Settlement Officer. The period of limitation will be two. months. Gaon Halats, village

descriptive charts and the block boundary descriptions will also. be read out and explained by the Attesting Officers to. the villagers and their signatures taken on the rolls. Attesting

Officers will also. do. Registration’ work in camp on payment of prescribed fees and take agreements from the owners of steep ‘plots under terracing ordinance on Rs. 1 /- Stamp.

Amins will receive such sale deeds on State paper in duplicate properly stamped and produced before the Attesting Officer after giving necessary notice to. the parties

concerned well in time. No. ad-valorem Court fees will be charged for disputes decided by Settlement Courts. Any application presented before .the Attesting Officer, Assistant

Settlement Officer, or Assistant Record Officer will bear a Court- fee stamp of Re. 1/-, while such application when presented before the Settlement Officer should bear a Court

fee stamp worth RS.2/-. Any. application given, to. an Amin, Head’ Amin. Inspector needing action by higher authorities. should also. bear’ a stamp of the value of Re. 1/.

I 7. The Amin will be responsible for all entries in the records. These records should be prepared With all care and the staff should bear in mind that dishonesty will entrails severe punishment. .

18. The Head Amin will be responsible for the ‘Work of Amins under’ his charge. He will weekly inspect the work, of each Amins .and check at least 50- percent of entries of their records in each block including map and other field records. He will thoroughly check Block charts. and Goshwaras and the boundaries of each block: and pay special attention to the entries made in the remarks column. of the khasra and khatians and also to the notes in the Yaddast., He will personally inspect all disputed plots and the. fields of which, Soil classification has been changed for reasons given-by the :Amin in the remark column of the khasra. He will note all these points in his diary and make special reports separately. .

19. The Inspector and Assistant Inspectors will check at least 20’ per cent and 35 percent of entries in each black under their charge respectively.. They will exercise general control over all Amins and Head Amins and see that Work goes on. smoothly.

They will thoroughly check Block descriptive charts and Goshwaras and’ nearly all entries in which there was a dispute or there has been change. in Soil classification.

40

20 Good and honest work will be recognised by accelerated promotion and by payment of cash rewards.

Name of Block Name of Mandal

Yogamber Singh U.P.C.S. Settlement

Officer, Sikkim State.

BLOCK DESCRIPTIVE CHART

EIakha Tahsil Sikkim State

1 :2.

Boundaries. and total area.

Physical Features. a. Highest and lowest altitudes.

b. Rivers. Streams and Mountains, Rainfall etc. c. General Slope.

d. Slips. e. Kinds of soil. Each kind in annas out of a rupee.

f. (i) Climate. (ii) Kinds of crops and plants and medicinal herbs that thrive here.

g. General features etc.

3. Natural Resource.. a. Fauna. b. Flora. c. Mineral..

4. Reserve Forests .and its timber trees and means of export and other facilities. Cultivable area and its description.

5. (XI) Total number of plots. Average area of each plot.

(II) a. Total cultivated area and its percentage.

b. Pani Khet ...

c. Sukha bari ,. “

d. Banjar “ “

e. Elaichi bari “ “ f. Orange grove ..

(Ill) Total Khasmahal “ “

a. Cultural.. “ b. Unculturable ... ,.

41

7.

Average No. of plots in possession of each family.

Area of an average holding. ‘

Bhutia-Lepcha and Nepali separately.

Pani khet

Sukha Bad

Orange Grove

Banjar

Elaichi Bari.

Total number of families of land holders and house.

Total number of landless families & houses and their means of livelihood.

Number of persons in an average family-Bhutia, Lepcha and Nepali

separately.

8. I. Crops

a. Varieties of crops grown according to different elevation.

b. Ways of sowing seeds, e.g. Board casting; Transplanting, drilling in

row and so on. .

c. Average grain per ear of barley, oats and rice.

d. Average cobs per plant of maize.

Average grain per cob.

Average No. of maize plants in one acre.

Average No. of orange trees per acre.

Average No. of fruits per orange tree.

i. Is rotation of crops ‘practiced in the village or not

II. Physical appearance of fruits & crops should be described in details

along with subsidiary details such as taste, smell, shape, color ‘and so

on.

III. Total area under each crop - Paddy, Maize, Buck sheat (Uwa Jaw);

Potatoes, etc.

Total Do-Phasla (Double cropped) area

Net area under crops.

9. Average produce ,per acre” paddy Maize - Dodo - Potatoes - Elaichi

Total income per acre.

Average cost per acre. Net income per acre’

Ratio of Pathi and acre should be worked out by actual experiment;

10. Total ,population. Males-Female - Bhutia, Lepchas, Nepalese and other

separately .

Density per square mile.

Total population of land holders

Total population of landless classes.

11. Home-Farm Description and its area.

a. Pani khet

b. Sukha bari

c. Elaichi bari, Orange grove

d. Waste land including fuel and fodder reserves.

i. Culturable

ii. Unculturable.

e.

f.

g.

h.

6.

42

12. Private Estate

13. (a) Rent free grants

b. Jagirs

14. ‘Details regarding ,institutions such as Monasteries etc,

a. Whether dependent on land. subscription, :charity or. otherwise with details of each.

b. Area from which people attend the monastery c. Number of Monks in Monasteries.

d, An indication of where the Monks come from.

15. a. Names of biggest and smallest land ‘holders ,with area of their holdings. b. Total number of khatas and acres upto 2 ‘

c. Total number with area 2 to 5 d. Total number with area 5 to 10

C . Total number with area 10 to I 5 f. Total number with area 1 5 to 20

g. Total number with area above 20 acres. Note: Bhutia, Lepcha, Nepali and others .khatas should, be shown separately.

16. Old area and old khazana of the block Mandals” co mission at the rate

As 4 per cent.

17. Customs.

a. Local customs among the main community, regarding death and marriage etc.

b. Main customs regarding religion festivals. . c. Main customs regarding succession and ,inheritance of property.

18. Economic condition.

a. Special .source of income.

b.

c.

Number of families in debts and-reason thereof and rates of interests. Number of money-lending and grain. lending families. (Bhutia, Lepcha and Nepali).

19. Names of irrigation.

20. a. Trade, ‘Market and their distance and Market day

b. Special produce, import & export.

c. Current grain rates .

Grain rates in 1925 and in 1939.

d. Wages of agricultural labour and village artisans (current) and in

1925 and 1939.

21. Cattle. Total No. of ploughs and carts

Yoke Bullocks

Sheep & Goats.

Pigs

Poultry

43

22. Schools and colleges and educational facilities.

23. Public Health.

a. Special disease, percentage of child mortality death and birth

rate

b. Name of two oldest persons in the block with their ages.

24. Means of communication

a. Roads and their length.

b. Rest Houses.

c. Other travelling facilities.

25. General.

Yogamber Singh

U.P.C.S.

Settlement Officer;

Sikkim State.

.

44 Clarification of procedure adopted: by Settlement Officer in land dispute cases

. In amplification of para (3)of the settlement Record Writing Rules published

under the signature of the Settlement Officer in the Sikkim Gazette of October ‘1951.

it is hereby explained

(I) ‘That the decision ,of the Settlement Officer in any land dispute being solely for the

purpose of making entries in the Settlement record, is final and non. appeal able,

(2),Any. party desiring to challenge that decision or wishing to be put in possession

of land appearing in his name in Settlement records, has to resort to a civil court for declaration

about title or recovery of possession as the case may be.

(3) The Tahsildars Court is. the Court or first instance in all Land dispute cases.. but in cases in which the Tahsildar has expressed his opinion in his capacity of land Revenue .officer or

Registrar for registering documents the Court, of the Judge ,shall take cognizance, as Court of original jurisdiction.

Gangtok: The: :6th

May1953

Sd- Rup Narayan.

Judge, Sikkim State.

2.

45

SIKKIM STATE

LAND REVENUE DEPARTMENT

Notification. No.3083/L.R.,

Rules under the Notification No.3082/L.,R., dated 24./3’/54

A primary holder in respect of whose holdings proceedings are being taken in

execution will submit to the Court a certified copy of the’ entries

pertaining to his holdings in the land records. .

If the executing Court is the Court of the’ Assistant Magistrate or Tahsildar ,the

Court will inspect the records and certify the area of the holdings in the execution

file.

3, (a) Section 3 may be relaxed on one or more of the following grounds only

(i) if the primary holder in question is without an heir-

(ii) if the said primary holder’s main occupation or means of support is not

agriculture and provided that such means are adequate for the maintenance of

himself and his dependents;

(iii) if the piece of land proposed to be sold of or transferred is at such a

distance from his house and other lands that it cannot be managed

economically; provided that in this case and none other the said holder is left

with a minimum of three acres.

(b) The executing Court may accept such proof or cause; such inquiry to be made

as it considers necessary in the, circumstances of the case before relaxing the

provisions of the Notification under Section .’3.

(a) An affidavit shall be taken from a prospective purchase with regard to the area

of his holdings unless he can produce a certificate from’ the Assistant

Magistrate or Tahsildar with report.

(b) In allowing sales, Court will give preference to prospective purchases in the

following order’ - (i) a primary holder with land contiguous to the land to be

sold so that a compact holding Is formed; (ii) a primary holder, firstly with land

in the same block and secondly in other blocks, provided that the provisions’

of section 5 and rule 4 (b) ‘may be relaxed. if it, by adhering to such

restrictions, the holding of the Judgment debtor will not fetch its proper market

value.

4.

. A Court shall move the Government if it considers that the provisions. of Revenue Order No. I of 1917 should be relaxed

BY ORDER

J.S. LALL, I.C.S.

Dewan, Sikkim State.

Gangtok,

The 24th

.March, 1952.

1

2.

46

SIKKIM STATE

LAND REVENUE DEPARTMENT

Notification NO.3082/L.R.

Subject: To provide for the maintenance of economic holdings.

Definitions: The definitions of Land Revenue Department Notification NO.1208/L.F.

Dated 20th May, 1950 will apply.

3. Sale ,of Land in execution- No Court will sell or transfer a holding or any part of a

holding of a primary holder in execution of a decree, whether revenue or , civil, if by

such sale or transfer the said holding will become less than five acres’

in area.

Provided that sale of land to meet Government dues will be excluded from of this Notification

4. Exceptions to Section 3- The provisions of Section 3 may be relaxed by the Chief Executive Officer or other Officer specified for the. purpose.

5. Restrictions on purchase- No person who already has a holding or holdings of or

exceeding 20 acres in area may purchase land sold in execution or revenue or civil

decree;

Provided that this provision may be relaxed by the executing Court if no

purchaser comes forward within 2 months of the publication of the sale;

Provided that if a. prospective purchaser already has 20 acres of land or more,

he may be allowed to purchase land in execution proceedings in the name of his dependent wife, brother, son or daughter or other co-lateral living jointly with him upto

a. maximum of 10 acres only in the name of such dependent.

6, Revenue Order No.1 of 1917 No Court will effect a sale in execution whether

revenue or civil against the provisions of Revenue Order No. I of 19.17.

No person who is not a Sikkim subject may purchase agricultural land in a Court

sale under this Notification.

Gangtok,

The 24th

March, 1954.

TASHI NAMGYAL,

Maharaja of Sikkim.

PREAMBLE

SECTIONS.

3. 4 5. 6. 7. 8. 9.

10. I.

11.

12

13

14.

47

THE SIKKIM.CO-OPERATIVE SOCIETIES ACT, 1955

CONTENTS

CHAPTER I PRELIMINARY

I.

2.

Short title, extent and commencement..

Definitions.

CHAPTER II

REGISTRATION OF SOCIETIES.

15.

The Registrar. . Societies which may be registered;

Age, qualification of a member. Conditions of registration.

Restrictions on acquisition of-shares in a society. Power of Registrar to decide certain questions.

Change of’ liability. Application for registration,

Registration. Evidence of registration.

Amendment of. bye-laws of a registered society. Power of Registrar or affidavit society direct amendment of bye laws or adoption

of rules of procedure. Division and amalgamation of societies.

CHAPTER III

RIGHTS AND LIABILITIES OF MEMBERS OF REGISTERED SOCIETIES.

16.

17. 18. 19. 20.

Member not to exercise rights till due payment made and conditions fulfilled.

Votes of members. Member of unlimited to furnish information as to his financial position.

Loan to be utilized for the, purposes for which advanced. Restrictions on transfer of share of interest.

Liability of past member and his estate. Share or interest not liable to attachment.

Nomination of transferee. Transfer of interest on death of members.

Disposal of shares or interest of ceased member Liability of members on winding up of society

21.

22.

23. 24.

25. 26.

-

27.

28.

29.

30.

31.

32.

33.

34.

35

36.

37.

38.

39.

40. 41. 42. 43. 44. 45”.

46.

47.

48.

49.

50’

51

52.

53

54.

48

Restriction on transfer of possession of land held under a society.

Right of a registered society to pay prior debts of mortgagor. Restrictions on mortgaged property.

Bar to certain claim.

CHAPTER IV MANAGEMENT

General Assembly.

Annual meeting of General Assembly. Special meeting of General Assembly.

Administrative Council. Power to depute State’s servant to manage the affairs of a society.

Dissolution or reconstitution of the Administrative Council, managing body or any committee of a society.

Dissolution of the Administrative Council, managing body or any and appointment of persons to manage the affairs of a society.

Tenure of office of the person appointed under section 37. Powers of persons on appointed under section 37.

CHAPTER V DUTIES OF REGISTERED SOCIETY.

Address of. society. Prescription and inspection of documents.

Restrictions on borrowing. Power of Durbar to give financial assistance.

Restrictions on loan. Office bearer of societies’ required to furnish information and produce documents.

CHAPTER’ VI PRIVILEGES OF REGISTERED

SOCIETY.

Prior claim of society.

Charge and set off Respect of snares or interest of members. Deduction of dues from salary of members.

Exemption from compulsory registration and personal attendance for for registration of instruments.

Power to remit certain duties, fees etc:.

CHAPTER VII PROPERTY AND FUNDS OF REGISTRED.SOCIETY.

Investment of funds. Reserve Fund.

Distribution of net profit. Restriction on distribution of profit.

55. 56.

57

58.

59.

60.

61.

62.

63,

64.

65.

66.

67.

68.

69.

49

CHAPTER VIII AUDIT.

Registrar is responsible for audit.

Power of the. Registrar to have accounts written-up.

Nature .of audit.

Audit Report.

Rectification of defects.

CHAPTER IX.

INQUIRY AND INSPECTION.

Inquiry by Registrar. Inspection

of Society.

Cost of Inquiry and Inspection

CHAPTER’ X SETTLEMENT OF DISPUTES.

Reference of dispute.

Settlement of dispute.

CHAPTER XI

DISSOLUTION OF SOCIETY.

Cancellation of registration.

Winding up.

Distribution of Fund of a dissolved society.

. Liquidator to deposit the books and submit a final report.

Bar of suit.

CHAPTER XII RECOVERY OF SUMS DUE AND ENFORCEMENT OF OBLlGATIONS.

70. 71.

Power of Registrar to direct payment of dues.

Charge and surcharge.

CHAPTER XIII PENALTY

72.

73

.74

75.

.76

‘77.

Prohibition of the use of the word “Co-operative”.

Punishment for false return, false information. disobeying summons. orders ,etc. Punishment for disposing. property in contravention of section 46.

Penalty for certain misdemeanors. Power to enforce performance of obligations

Cognizance of offences.

50

CHAPTER XlV

JURISDICI10N.

78.

79.

80

81. .

82.

83.

84.

85.

86.

87.

88.

89.

90.

91.

92.

93

94

Indemnity.

Bar to jurisdiction of courts. Appeal or review.

Power of attachment of property. Registrar to be civil court for certain purposes.,

Recovery of sums due. Registrar may order ‘a meeting’ of: creditors.

“

CHAPTERXV MISCELLANEOUS.

Society to be a body corporate. .

Register of members.

Entries in books of registered society shall be received as prima facie evidence Acts of societies ,etc., not to be invalidated by certain defects.

Rules and bye. laws not to be deemed to go beyond the Act. Power to exempt societies from condition as to registration

Power to order recoupment of expenditure. Power to seize record of society. .

Power of .the managing body of an affiliating society to. enquire into the affairs of a member society.

Power to make rules.

SCHEDULE A.

51

THE SlKKIM CO-OPERATIVE SOCIETIES ACT I955

AN

Act to .facilitate the formation and working of Co-operative Societies and to consolidate and amend the law relating to Co-operative Societies in Sikkim.

PREAMBLE

Whereas it is expedient to facilitate the formation and working of Co-operative Societies for the purpose of thrift, self help, mutual aid and creating the quality of credit

worthiness among agriculturists, artisans and other persons with common economic needs so as to bring about a higher standard of living, better business, better methods of

production, equitable distribution and exchange and for that purpose to make laws relating to Co-operative Societies in Sikkim, His Highness the Maharaja of Sikkim is pleased

to enact as follows:

CHAPTER I. PRELIMINARY

I. Short title, extent ,and commencement:--(I) This Act may be called

the Sikkim Co-operative Societies Act, I955

(2) It extends to the whole of Sikkim.

(3) It shall come into force immediately.

2. Definitions:- In this Act, unless, there is anything .repugnant in the subject.

or context:

(a) “Arbitrator” means a person appointed. under the provisions of this Act

to decide any dispute referred to him;

(b) “Auditor” means a person appointed under the provisions of this Act to

audit the accounts of a registered society. ;

c) Byelaw” refers to the registered bye-laws for the time being in force and

includes a registered amendment of bye-laws ;

(d) “Co-operative Demand Certificate” means a certificate as defined, in

section 83;

(e) “Co-operative Society” means a society registered or deemed to be registered under this

Act;

(f) “Co-operative Year” means the period ‘beginning from the 1st April. or

the date of commencement of the business or the date of registration and ending on the

31st March for the purpose of drawing up the balance sheets of registered societies;

(g), “Dispute” means any matter capable of being the subject of civil litigation

and includes claim in respect of amount payable to or by a co-operative society

whether such claim be admitted or not;

(h) “Employee” means a person not being an office-bearer. employed by a

registered society on a salary or similar form of remuneration;. .

(i) “General Assembly” means the supreme body of a. registered society as

defined in section 3 I . .

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(j) Managing Committee” means the body to which the, management of the

affairs or a registered society is directly entrusted and does not include the Administrative

council .

(k) “Member” means a person admitted to the membership after ‘registration in

,accordance with the, bye-laws and rules of the Society includes a promoter;

, (I.) “Office Bearer’ means a member duly elected by the appropriate body of a

registered society, accordance to its bye-laws, to any office such as Chairman, Vice

Chairman, Secretary, Director and Treasurer; provided that any officer. appointed by the

Sikkim Durbar to hold charge. of any office of a registered society shall be deemed to be an

office bearer unless specifically stated to the contrary

(m) “Prescribed” means prescribed by rules

(n) “Promoter” means any eligible persons or registered society signing the

application for registration of society . .

(0) “,Registered Society” means a Co-operative Society registered under this Act

,and includes a society formed after amalgamation of such two or’ more societies or by

division of such an existing society;

(p)”Registrar” means a .person appointed to perform the duties of a Registrar

of Co-operative Societies under this Act ;

(q) ‘Rules” means rules made under this Act;

® “Signature” includes the thumb impression of an illiterate person”

CHAPTER II REGISTRATION OF SOCIETIES.

3. The Registrar(1)The Durbar may appoint a. person to be Registrar .of Co-operative

Societies for’ the State registration, supervision, assistance, counsel and control of

registered societies and for the development of the co-operative movement and control over

all co-operative education and with such other powers and responsibilities as- may be

provided under this Act Or rules or bye-laws framed thereunder.

(2) The. Durbar may also appoint to assist the Registrar and may by general

or special order, in writing delegate to any such persons or to any other State Officer, all .or

.any of the powers of the Registrar under this Act.. .

. (3) The Durbar may also appoint non-official helpers with .such designations and

functions as prescribed to aid in the organisation of Co-operative Societies.

4. Societies which may be registered Subject to the provisions hereinafter contained, a

society which has as its chief object. the promotion of the economic interest and general

welfare of its members in accordance with ,co-operative principles or a society established

with the object of facilitating the operations of such a society, including a society formed by

.the division .of an existing registered society or amalgamation of existing two or more

societies, may be registered under this Act with or without limited liability: . .

Provided that, unless the Durbar by general or special order otherwise direct:

(I) The liability of a society of which a member is a registered society shall be

limited.

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(2) The liability of a society of which the primary object is the creation of funds to

be lent to its members and of ,which the ‘majority of the members are agriculturists or

artisans, and of which no member is a registered ‘society, shall be unlimited and the mem-

bers of such a society shall, on its liquidation, be jointly and severally liable for and in

respect of, an obligations of such a society:

Provided further that. no society shall ..be registered if, in the opinion of the

Registrar, its declared objects are unlikely to be achieved or if it is economically unsound or

if it may have adverse effect upon any registered society or the co-operative movement as

a whole.

5.Age, qualification of a member:- No person may be an individual member

of a registered society unless he is. above eighteen years of age; provided that the bye-laws

of a society may prescribe a higher minimum age.

6. Conditions of’-Registration :-( I) No society ,other than a society or which a member is

a registered society ,shall be registered under this Act which does not consist of at least ten

eligible persons and, in cases where the primary object of the society is the creation of

funds to be lent to its members, unless such persons reside in. the same town, village or in

‘the same area.

(2) The word “limited” shall be the last word in the name of every society

with limited liability registered under this Act. .

7.R.egistrations on Acquisition .of Shares in a Society-(I) No member of a registered

society shall hold more than such/portion of the share capital of the society

as may be prescribed by the rules or the bye laws of the society.

‘

(2) No member shall be. allowed to acquire an additional share until he has paid in full the

value of the whole or that portion or his share-holding which he is required to pay in

accordance with the bye-laws ‘of his society..

.

8.Power of Registrar to decide certain Questions:- All disputes regarding membership

for the purpose of the formation, registration or continuance of a society under this Act shall

be decided by the Registrar.

9.Change of liability ;-( I)Subject to the proviso, to section 4 and. to any

rules made in this behalf, a registered society may, with the previous sanction of the Re-

gistrar, change its liability from limited to unlimited or from unlimited to limited

Provided that

(I) The society shall give notice in writing of its intention to change its liability

to all its members and creditors.

(ii) Any member or creditor shall, notwithstanding an bye-law or contract to

the contrary; have the option of withdrawing his shares, deposits or loans; as the case

may be, within three :months of the service of such notice on him and the change shall

‘not take effect until all such claims have been satisfied; and

(iii) Any member or creditor, who does not exercise his option within the period

aforesaid. shall be deemed to .have assented to the change.

(‘2) Notwithstanding anything contained in the proviso to sub-section (I) the

change .shall take effect at once ‘if all ‘the members and .-creditors assent thereto.

(3) The Registrar shall register the. amendment of the bye-laws consequent on

the change of liability provided that no. ‘person who ceases to ‘be a member ‘of the

society before such amendment is registered .shall be adversely affected by the change of

liability

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10 Application for registration (1)An application for registration shall be made to the Registrar in

the prescribed form

(2)The application shall be signed

i(a)in case of society which no promoters is a registered ,society by at least ten eligible persons,

(b) in the case of a society of which least, one promoter is a registered society a duly

authorised person on behalf of such registered society and ,at least one

other individual promoter or one other duly authorized person on behalf of another registered society

(3) . The application shall be accompanied by four copies of the proposed bye

laws of the society signed,. on behalf of the promoters by the. president of the

inaugural general meeting. ‘Promoter by whom or on whose behalf such application is

made shall furnish such information in regard to the society as the Registrar may require

and they shall liable to the, full extent of the share money which they have’ undertaken to

subscriber with effect from the date of registration of the society

11. Registration :-(1)The Registrar shall decide’ all’ questions as to whether

the application complies with the provisions of this Act and rules tbereunder and whether

the objects of the society are in accordance with section 4.

. (2) When he is satisfied that the application is in. order under sub-section (I) and

the proposed, bye-Iaws are not contrary thereto, he may register the society and its bye-

laws; provided that the Registrar shall have powers register the bye-laws with such

modifications he thinks are necessary to bring about uniformity in the main with ‘the

provisions of the bye-laws of societies which have similar objects or functions.

(3) The Registrar shall endorse .the bye-laws in token of registration. Each society

shall have a copy of its bye-laws so endorsed.

(4) If the Registrar refuses to register a society or an amendment of the byelaws

of a: registered society he shall record his reasons in writing and communicate these

reasons and his decision to the promoters or the Secretary of a registered society by a

letter to their office. The Registrar may at any time review his orders in this respect.

12. Evidence of Registration-‘ A certificate of registration signed by the

Registrar shall be issued to the society and shall. be conclusive evidence that the Co-

operative Society therein mentioned is a Co-operative Society duly registered under this

Act and that its bye-laws are as attached to the certificate, unless it is proved ,that the

registration of the society has been cancelled or that amended bye-laws have been

registered or that the society’s copy of the certificate or byelaws has been tampered with,

. . ‘ I 3. Amendment of the Bye-laws of a Registered Society:- (I) No amendment of the bye-laws of a registered society, whether by way of addition’, alternation, omission, rescission or change of name shall be valid until such amendment has been registered under

this Act. .

(2) Every proposal for such amendment shall have to be approved by a resolution

at a meting of the General Assembly in accordance with -the’ bye-laws of the society and be

forwarded within a month from the date ‘of the resolution’ to the :Registrar; and if the

Registrar is. satisfied .that the proposed amendment is not contrary to the provisions

of this Act or rules, he shall, unless for reasons to be recorded .in -writing, he considers

fit to refuse, register ,the amendment.

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(3) When the Registrar registers an amendment of. the bye-laws of a registered

society, he ’shall issue to the ‘Society a copy of the amendment certified by him, which shall be conclusive evidence that the same. has been duly ’registered, unless it is proved that

the registration of the society, has been cancelled or that further amendments have been registered or ‘that ,the society’s. copy .of the amendments have been tampered with. The

amendment shall be binding upon the society with effect from the date of registration. 14. Power of Registrar for Affiliating Society’ to Direct Amendment. of Bye-laws’ or

Adoption of Rules. of Procedure

I. (i) When it ‘appears’ to the Registrar that an amendment of the bye-laws

of a registered society is necessary in the interests of such society or of the co-operative

movement as .a whole or for the purpose of bringing about uniformity in the main with the provisions of the bye-laws of societies which have similar objects or functions, he may

by an order in writing direct the society to amend its, bye-laws in accordance with the amendment drafted and forwarded to the’ society by him within such time as he may

specify in the order.

(ii) If .the society fails to take such amendment within the time specified the

Registrar shall, after ’giving the society an .opportunity of representating its case . make

such amendment himself and, register the same. The Registrar shall then forward a copy thereof to the society together’ with a certificate signed by him which shall be effective as

prescribed in section 13 (3).

(iii) The Registrar shall not register any amendment of the bye-laws of a society,

whether’ under this section, or .section 13 of this Act, without the consent of the ;Darbar. if. the’ effect .of such amendment is to lessen the degree of control of the Durbar

or of the Registrar as already provided for in .the bye-laws. (iv) The Registrar may require ,any registered society to frame rules of pro-

cedure under its bye .laws to govern, any part of its business and to send such rules ’to him for prior approval.

2. (i) When it appears; to .an .affiliating .society that an ,amendment of the bye

laws of a registered society which is .a member ,and debtor of such society. is

necessary in the interests of such society, it may suggest to the .affiliated society that it makes the amendment within such time. as it may specify. The .affiliating society shall

forward to the affiliated society a draft of the suggested amendments of the bye-laws.

(ii) If the society fails to implement the suggestion within the time, specified,

the affiliating society may forward to the Registrar the amendment which it considers necessary. and the Registrar. if satisfied that the. amendment is necessary, and not

contrary to the provisions of this Act or the rules may thereupon register the .amendment and forward to the society ,a copy thereof together with .a certificate signed ‘by him. The

certificate shall be conclusive evidence that the amendment has been registered and such Amendment shall thereupon be .binding upon the society and its members.

I 5. Division and Amalgamation of Societies :-( I) (i) Any registered Society may, at. a

meeting of its General Assembly specially ‘called for the purpose, resolve to divide: into two or more societies. At Ieast fifteen clear days’ notice of such meeting with the agenda shall

be given to its members, together with a copy of the proposed solution. .

56.

(ii) Such a resolution shall contain the proposal as to how to divide .the assets

and liabilities of the society among the newly proposed societies, their areas of operation and

the members who will constitute each of the newly proposed societies- with draft new bye-

laws.

. (iii) A copy of the resolution shall be sent to the Registrar with In thirty days of its

adoption and subject to the Registrar’s non-interference within thirty days of the dispatch .to

him of the resolution, the resolution shall be circulated among the members and creditors of

the society. .

(iv) Notwithstanding any bye laws to the contrary, any member of the society,

and notwithstanding any agreement to the contrary, any creditor of the society may by notice

given to the society within thirty days of the receipt of the resolution intimate in case of a

member his .intention not to become a member of any of the societies, and in case of a

creditor his intention to demand a return of the amount due to him.

(v)After the expiry of ninety days from the passing of the aforesaid resolution,

a meeting of the .General Assembly shall be convened for finally deciding the resolution. At

least fifteen days’ clear notice with agenda of the meeting shall be given to all members of the

society.

(vi) If the General Assembly decides by a three fourth majority finally to divide

the society ..and if the Registrar approves of the decision, the members, who will constitute

each of the newly proposed societies subscribing to the new draft bye-laws, shall apply to the

Registrar under section 10 for registration of the new societies and the registrar shall register

the societies under section 11

(vii) The Registrar shall not register the new societies if the application for

registration is not accompanied by a: certificate of repayment of share capital to members and

certificate of satisfaction .of claims to creditors referred to in clause (iv).

(viii) From the date .on which the new societies are registered under clause

(vi), the registration of the old society shall be deemed to have been cancelled.

(i x) The registration of the new societies shall be a sufficient conveyance to

vest the assets and liabilities of the original society according to the aforesaid resolutions in

the new societies.

(2) (i) Two or ,more registered societies may, at a meeting of their respective

General Assemblies specially convened for the purpose, by giving :at least fifteen clear days’

notice to the respective members of the societies, resolve to amalgamate into one society by

.adopting common bye-laws.

(ii) A copy of such resolution of each society shall be circulated forthwith among

members and creditors thereof.

(iii) Notwithstanding any bye-laws to the contrary, any member of any

such societies ,and notwithstanding any agreement to the contrary, any creditor .of any such

societies, may within ,a period .of thirty days from the receipt .of the aforesaid. resolution,

intimate his intention not to become a member of the new society, in the case of member and

to demand a return of the amount due to him, in the case of a ,creditor.

(iv) After’ the expiry of ninety days from the date .of the aforesaid resolution a..

meeting .of the members’ .of such societies shall be convened to decide finally the resolution.

57

(v) At least fifteen clear days’ notice shall be given to all the members of the Societies. If at such meeting the aforesaid resolution is confirmed by a majority of three-fourths of the members of each society present and the common -byelaws are accepted with or without any alterations, the Registrar shall be moved by an application under section10 for registration and be shall register the new society under section 11 if he approves.

(vi) The Registrar shall not-register .the new society if the a application for

r

registration is not accompanied by a certificate of repayment of share capital to members

and a certificate of satisfaction of claims of creditors referred to in clause (iii).

(vii) From the date on which the new society is registered the registration of the old

societies shall be deemed to have been cancelled-.

(viii) The registration of the new society shall be a sufficient conveyance to vest’ in it all the

assets and. the liabilities of the original societies.

CHAPTER. III

RIGHTS AND LIABILITIES. OF MEMBERS OF REGISTERED SOCIETIES.

16, ‘MEMBER NOT TO EXERCISE RIGHTS TILL PAYMENT MADE AND CONDITIONS

FULFILLED No member. of a registered society shall exercise the rights of a member

unless or until he has made such payment to the society in respect of membership or

acquired such interest in the society, as may be prescribed. by’ the rules or bye-laws.

17, VOTE OF MEMBERS:- (1) Irrespective of. the shares he holds in .the society

.

.

.

. .

and subject to any temporary disqualifications from voting which may be prescribed in

the bye laws to the provisions of section. 3 1 (2) relating to voting by representatives a

member of a registered society -shall have one vote only in the affairs of the society:

Provided that in the case of an equality of votes the chairman at, any meeting

shall have a. second or casting vote:

Provided further that the bye laws of society may provide for more than -one

vote in the case of an affiliated society.

{2) A registered society which is a member of another registered society may

appoint one of its members qualified under any rule or bye-laws to vote in the affairs of

such other society as its representative.

(3) Voting .by proxy shall not be allowed except as prescribed in a registered

society’s bye-laws; Provided that in registering the byelaws of a society, the .Registrar

shall not permit voting by proxy except in cases, such as those involving a wide area of

operation, where it would .be.. difficult for members to exercise their right to vote if voting

by proxy were not permitted.

18. MEMBER OF UNLIMITED SOCIETY TO FURNISH INFORMATION AS TO

HIS FINANCIAL POSITION:- (1) A full, true and accurate statement of his assets.,

including his immovable property and liabilities shall be furnished:

(a) by. an applicant for membership of a registered society with unlimited

liability, together with his application.

58.

. (b) by a member of registered society with unlimited liability .when’ required to do

so by the Registrar or any person authorised by ’him in his behalf. or by the affiliating society

.

. (2) No member of a registered society with ‘unlimited liability, shall. be member of

more than one- such society. (3) A member of a registered society with unlimited’ liability shall furnish to

the society full, true. and accurate information regarding. his intention ‘to transfer his

Immovable property, In whole or In part by way of sale, mortgage or gift at least fifteen

days before completion of each such transaction.

19. LOAN TO BE UTILISED FOR PURPOSE FOR WHICH ADVANCED:- The loan

advanced by. a registered society to a member thereof shall be utilized by him for the

purpose for which it was advanced and for any other purpose. The ‘society shall have

power to recover the advance as prescribed if the member does not so utilize it

20. RESTRICTIONS ON TRANSFER OF SHARE OR INTEREST:- 1 The’ transfer or

charge of the share or interest’ of a member .in the capital of a registered society, shall be

subject to such conditions as to maximum holding as may be prescribed by this Act or by

the rules.

(2) Except or otherwise provided in this Act, no transfer or change of his

share or interest by a member of society with unlimited liability shall be valid unless:

(a) he has held such share or interest for less than one year; and

(b) the transferee or mortgagee is either a member of such society or a person

whose application for membership’ has been accepted.

,21. LIABILITY OF PAST MEMBER AND HIS ESTATE:- (I) The liability of a: past member

and of the estate of a deceased member for the debts ‘of a registered society as they existed

at the date of his ceasing to be a ,member or of his death, as the case may be, shall

continue for a period of four years from’ the said date.

(2) No past member of a registered society with unlimited liability shall be

eligible for membership of another such society with unlimited liability except with the

,special permission of the Registrar.

22. SHARE OR INTEREST NOT LIABLE TO ATTACHMENT:- Notwithstanding anything

contained in any laws for the, time being in force but subject to the. provision of section 44 of

this Act, the share or interest of a member in the capital of a registered society or in any’

fund under section 53 -shall not be liable to ‘attachment or sale under any ’decree or order of

a court in respect of any debt or liability incurred by such member.

2.3.NOMINATION OF TRANSFEREE:- If the bye-laws of a registered society so permit, any

member of the society may, in- accordance therewith nominate a person or persons in

whose favour the society shall dispose of the shares or interests of such member on his

death.

24- TRANSFER OF INTEREST ON DEATH OF MEMBERS:- When ,a member of a

registered society dies his shares and interest in the society shall, subject to the provisions of !his Act, be ’transferred,

(a) the person, if any. nominated in accordance with the provisions of section 23; or

(b) if there be no such nominee or if the nominee is not available or is . difficult

- 59

to be ascertained by the managing body, or if for any other cause such transfer cannot be made without unreasonable delay difficulty, to the person as may appear to the managing body to be the heir or legal representative of the deceased member; provided that ninety days have elapsed from the date of the -member’s death. No new claim shall be entertained after the said period of ninety days.

25:DISPOSAL OF SHARES OR INTEREST OF CEASED MEMBERS: When a member of a registered society is expelled or withdraws or otherwise ceases to be a . member under this Act, rules or bye-Laws, his share or interest shall be transferred to . another eligible person, and the value thereon, determined in accordance with the rules shall be paid to such ceased member if his share or interest is. not forfeited under the

provisions of this Act, rules or bye-laws or if he is insane to any person appointed by the competent authority to manage his properties, provided that if there is no eligible transferee and if the bye-laws of the society so provide the value of his share or interest. determined in accordance with the bye-laws shall be paid to him or, if he is insane, to

a person appointed to manage his properties. .

26.LIABILITY OF MEMBERS ON WINDING UP OF SOCIETY :- The members of a registered society shall, in the winding up of the society, be jointly and severally liable to contribute towards any deficiency in the assets of the society.

(a) in the case of a society, :with unlimited liability without limit; and (b) in the case of a society with limited liability, subject to such limitation of

amount as may be provided. in the bye-laws. .

27.RESTRICTION ON TRANSFER OF POSSESSION OF LAND HELD UNDER A SOCIETY:- Notwithstanding anything in any law for the time being in force

(I) a member of a registered society, the object of. which is to develop cooperative or Collective farming, shall not be entitled to transfer his possession or interest in any land’ held by him under the society, except to the society or with the previous approval of the managing body and in accordance with its bye-laws, to a member thereof or to a person who will be admitted as a member of the society;

(2) on the death of such member, his possession of and interest in, any such land held by him under the society shall come. to his nominee in accordance with the provisions of section 23 or in the’ first .eligible heir according to seniority in age willing to become a member-of the society; .

(3) if no nominee or heir becomes a member the possession of and interest in, such land of the deceased, shall vest in the society, which shall pay to the nominee or the heir, .a sum equivalent to the value of the share and interest of the deceased member’ and any other sum due from the’ society as determined in accordance with this Act or rules framed thereunder after deducting all dues which the “deceased member owned to the society . .

(4-) if there is no person qualified to succeed ’to the share or: interest of the deceased member, the society shall pay to his heir, executor or the legal representative as the case may be, a sum equivalent to the value of the share and interest of the deceased member determined in accordance with the rules after deducting the dues of the deceased to the’ society .

60

(5.)when. in any other case a member ceases to be a member of such society

under this Act, rules or’ bye’- laws’, his possession of and interest in, any such land held by him

under the society shall come to the society. If the bye-laws allow and if the share and interest

of the member is not forfeited under this Act or rules framed thereunder, the society shall pay

to the ceased member a sum equivalent to the value of the share and interest of such member

and any other sum due to him from the society after deducting his debts to the society, if any ;

(6) no land held under a registered society specified in sub-section (1) by a member

thereof, or vested under sub-section (2) in the heir or nominee of such member shall be

attachable to any suit or proceeding for the recovery of any debt other thana debt due to

society or to a member thereof;

(7) no land shall vest’ in. such a society. by reason of the provisions of the section

unless it is owned by the society or. has been Leased’ to the society and,. if the society holds

the land by lease or contract the land shall vest in the society only during pendency of the

lease or contract.

28.RIGHT OF- A REGISTERED SOCIETY TO PAY PRIOR DEBTS, OF A MORTGAGOR:-

(I) Where a mortgage is executed in favour of a registered society for payment -of prior debts

or part thereof, .of the mortgagor secured on the mortgaged property, the registered society

may, by notice in writing and served by registered post with acknowledgment due, require ‘any

person to whom any such debt is due to receive payment of such debt or part thereof from the

society at its registered office within such period as may be specified in the notice.

(2) The person on whom such notice is served :shall be bound to receive payment of

the amount offered by the society, but where there is disagreement or dispute between the

mortgagor and such person as regards the amount of the debt, or where the society tenders

less than the agreed amount of debt, the receipt of the sum offered by the society shall not

debar such person from enforcing his right to recover the balance claimed by him.

(3) If any such person refuses to receive such notice or such payment, such debt or

part thereof as the case. may be, shall cease to carry interest from the expiration of the

period specified in the notice and the property mortgaged under subsection (I) shall be

deemed to have been freed from the encumbrance of such prior mortgage.

(4) No society shall advance a loan on a mortgage without taking a declaration from

the respective mortgagor as to the names of prior mortgagees of the property in question, if

any.

29. RESTRICTIONS ON MORTGAGED. PROPERTY:- When land is mortgaged to a

registered society- (I) the mortgagor shall not be entitled without the. approval of the. society to

transfer’ or mortgage his equity of redemption or to create a. charge ‘upon or lease out such

property for a period exceeding three years,

(2) If the mortgaged property at any. time is wholly or partially destroyed or the

security is rendered. insufficient due to fall in value or for any other reason and the mortgagor

having been given a reasonable opportunity by the society of providing for furthest security

sufficient to cover the loan or of repaying the loan with interest or such portion of the loan as

may be determined by the supervisory, managing or controlling .body and the mortgagor

having failed to provide such security or repay .

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such portion of the loan or such uncovered portion shall be deemed to fall due at once and recoverable through a co-operative demand certificate (3)The mortgaged property in case of default of payment of mortgaged money or any part thereof may be sold by the society as prescribed by rules in addition to any other remedy available. to is expressively conferred by the it without the intervention of the court is expressly conferred by the mortgage deed, provided the society serves a notice in writing by registered post demanding payment of the mortgage money with interest or part thereof on the mortgagor or any person having an interest in or charge upon the mortgaged property or the equity of redemption who has previously notified the society of such interest or charge in writing or any surety and if default has been made in payment of the loan or part thereof for three months after such service of notice. Provided that any party aggrieved by an action taken by a registered society under this section may prefer an appeal to the registrar within thirty days from the date of the sale His decision shall be final

30 BAR TO CERTAIN CLAIM: All payments ,and transfer made by, a registered

society under this, Chapter shall be valid, and effectual against any demand made upon the society by any other ,person’.

CHAPTER IV

MANAGEMENT.

31. GENERAL ASSEMBLY:- (1) The General Assembly of a registered society Shall consist of all’ those who are eligible ,to vote at general meetings of the society. .

(2) (a) Every member of a registered. society and every ex-officio member

of the Administrative Council.. or managing body of such society, unless under some temporary disqualification, shall have the right to attend any general meeting. of the society and to exercise his vote at such meeting, Provided that these bye-laws of a regis-tered society may ‘prescribe,

(i) that a registered society affiliated to such society may. have more than one

representative but only the authorized -member shall be entitled to’ vote at general

meetings of the society; and

(ii) that only one-third, of the members of the General Assembly, excluding

exofficio members may be ,individual members,’ the other two thirds being representatives Of affiliated registered societies..

(b) When the’ bye-laws of a, registered society contain the provision of subsection (2)(a) (ii),if the number of individual members exceed one. third of the total membership of the’ society, the individual ,members shall elect at a, special meeting, to be called by the Secretary of-the society not, more than one ,month before the annual general meeting in the manner prescribed in the bye-laws for annual general meetings those individual members who, as the representatives of the body of individual members shall form the one-third membership of the General, Assembly for the purpose of voting at the annual and other meetings’ of the General Assembly dining the ensuing year only such elected representatives having the right to, attend, and vote at such general. meetings,

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(:3) The supreme authority of a registered society shall be vested in the General

Assembly: Provided that during the pendency of any loan or service from the Durbar,

or any other creditor secured at the instance of the Durbar.. supreme authority in respect

of any matter adversely affecting the interest of the Durbar or the said, creditor touching

such loan or service shall be vested in the Durbar or the Registrar as may be provided in

the bye-laws, or any ’person authorised by them in writing, and may extend to, the

appointment of orders to hold any of the offices of the society or any persons to be ex,officio

members of the Administrative Council, managing body or any committee of the society

even if not members of the society. This supreme authority of the Durbar or Registrar may

also be exercised in the absence of any loan or service when the Durbar or Registrar, as

the case may be, deem their intervention to be necessary in the interests of the: members

of the society’ or of the co-operative movement in general. The Durbar or the Registrar as

the case may be, may fix the salary of any such appointed officer and declare it to be a

charge on the society. They may cancel any such appointments made by them.

(4) An annual or special meeting of the General Assembly shall be summoned .and shall

exercise its authority and perform its functions in such, manner as may be prescribed in the

bye-laws of the society.

32. ANNUAL MEETING OF GENERAL ASSEMBLY:- (I) A ‘general meeting to be termed

the .annual, general meeting of the General Assembly of a registered society shall be’ held at

least once in every Co-operative year for the purpose of-

(a) .electing members to the managing body and other committees of the society,

the Chairman, Vice-Chairman, and other office bearers, as may be provided in the bye Iaws,

and fixing such fees, salaries or other remuneration as prescribed in the bye-Laws; provided

that the Durbar may prescribe by rules the qualifications necessary for office bearers and

employees;

(b) electing an internal ,auditor or auditors, ‘.who shall not be ‘member of the governing body,

and fixing the remuneration;

c) considering the annual report of. the managing body, audit report and audited annual

accounts and balance sheets and reviewing the working of the society during the preceding

Co-operative year;

(d) deciding how profits are to be distributed in accordance with the bye

laws

(e) passing the annual’ budget and approving the, programme of work for the

ensuing year;

(l) fixing the maximum amount of liability to be incurred during the ensuing year and the

maximum rate of interest payable on deposits; and.

(g) considering such other ‘business as may be placed before the meeting in

accordance with the bye-laws.

(2)’ Such meeting shall be held not more than fifteen months after ’the date of the last

preceding meeting held under sub-section (I) and unless the Registrar on special grounds

extend the period, within three months’ of the receipt of statutory annual audit report.

33 SPECIAL MEETING OF GENERAL ASSEMBLY:- .(1) . A Special Meeting of the

General Assembly shall be called:

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(a) at the instance of the Administrative ,Council or if there be no Administrative Council, of the managing body

(b) at the request of the Chairman. of the society

(c) on a requisition signed by one ,tenth of the members of the General Assembly or twenty, members, whichever is less or

'(d) at the instance of the Registrar

(2)The Registrar himself or any person authorised by him in 'this behalf, in writing,

may, by special order shall call a; special meeting of the General Assembly at any time and

shall call such a meeting upon the 'failure of the society to call a meeting on the requisition

by the members or at the' instance ,of. the Registrar under subsection (i), (3). Notwithstanding any rule or be-laws Prescribing the ,method of summoning or

period of notice for a General, Assembly, the Registrar or any person authorised by him in this behalf, may specify the time, place, business for the meeting and manner of convening it.

34 Administrative Council :- The management of every registered society shall vest in

the managing body of the society, except in the case. of a society, which for

administrative convenience necessitated by reasons such as wide area of operations,

that responsibility shall vest in an Administrative Council. The Administrative Council. the

managing body and committees of a society shall be constituted in accordance with the

bye-laws of the society which shall specify the composition of such bodies, their powers,

functions, duties, method of summoning meetings and procedure, .

35. Power to Depute State Servant to manage the affairs of a Society The Durbar may, on the application of a registered society and on such' conditions as may be determined, depute State officials to the service of the society for the purpose of managing its affairs and the official shall exercise such powers and perform such duties ,as may be determined .

36. Dissolution or Reconstruction of the Administrative Council, Managing Body or any Committee of a Society: (I), When the Registrar is satisfied after an inspection or enquiry under section 60 or 6 I for reasons to be, recorded in writing that the Administrative Council, managing body or any committee of a registered society is not functioning properly according to ,this Act, rules or bye-laws, he may, after giving the offending body an opportunity to state its case, direct under clause (d).of subsection.(I) of section 33, that a special general meeting of the General Assembly be called within a time to be' specified to dissolve the Administrative Council, managing body,' or committee

concerned and to elect a new one. Provided that, if in the opinion of the Registrar it is necessary’s as an emergent measure to suspend the offending body forthwith, he may do ,so and shall appoint a person or persons, on such conditions as prescribed by him to be in full control of the suspended 'body until a new body has been elected or action has been taken in accordance with section 37

(2) The Registrar 'may, for reasons to be recorded, specify in the direction made.

under sub-section (I) that all or any of the outgoing members of the dissolved body shall

be disqualified for. such period not exceeding three years as he may determine, for

election or appointment as an officer of the society or for service on any of its ,bodies.

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(3) An appeal shall lie to. the Durbar against an' order of the Registrar disqualifying a member of a society for election or appointment within' two. months from the receipt of the order.,

37. Dissolution of the Administrative Council Managing Body.. or any Committee and

Appointment: of persons to manage the. Affairs of a, Society :If the 'Administrative

Council, managing body or any committee as the case may be, of a society is not dissolved

and reconstituted within the time specified by the Registrar under section 36, he may by

order in writing dissolve such body and shall thereupon appoint a person or persons, on

;such conditions as prescribed by him, to manage the affairs of the society far such period

not, exceeding one year when. he shall arrange for the constitution of a new body to. take

the place of the dissolved body. The .Registrar may extend this period from time to. time as

he may deem fit; provided that the aggregate of such periods shall not exceed three years.

38. Tenure of office of the person Appointed under section 3'7:- The person appointed under section 37, shall hold office until the Administrative Council, managing body of

committee, as the case may be, is reconstituted or his appointment is cancelled by the Registrar. .

39. Powers of person appointed under section 37:- During the tenure of office of a person appointed under section 37 he shall, subject to the control of the Registrar, exercise all the powers and perform all the functions and duties which may be exercised or performed by the superseded body under the provisions of this Act, rules or bye-laws.

CHAPTER V

DUTIES OF REGISTERED SOCIETY.

40 Address of Society :-Every registered society shall have a registered ...address, to which

all notices and communications may be sent and shall send notice in writing of every change

thereof within thirty days of such change, to the Registrar and to the affiliating society, if any.

41. Prescription and Inspection of Documents:- (I) Every registered society shall keep and

allow inspection free of charge by any .member of the society and such other persons as may

be prescribed at all reasonable times at the office of the society

(a) A copy of this Act.

(b) A copy of the rules framed under this Act.

('c) A copy of the bye-laws of the society.

(d) A copy of all rules framed under the bye-laws of the society.

(e) Annual balance sheet authenticated by the Audit Officer, and

(f) Such other books, forms, registers or other documents as may be prescribed

by the Registrar. .

(2) A society shall deliver to every member on payment of a sum prescribed 'by

. the society's bye-laws or rules, copies of documents certified to be true. copies.

42. Restrictions on Borrowing:- A registered society may receive deposits and may borrow

From its members and from persons who are not members to such extent and on such

conditions as may be prescribed in the Act and bye-laws.

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43 Power of Durbar to give Financial Assistance

Notwithstanding anything contained in any Law for the time being in force, the Durbar. may grant loans to take shares in guarantee or give any type of financial assistance to the

registered society which puts forward a satisfactory scheme for the utilization of the funds so raised .The Durbar may recover from any society in any year all or any part of such financial

assistance

44.,Restrictions on Loans (1) A registered society shall not give Loans

I (a) to any person other than a member except with the general or special sanction ,of the

Registrar; provided that a' loan may be 'given to a depositor of the society’s

on the security of his deposit or , , .

I(b),to a member. in excess either of the maximum or of the normal credit determined by

the society for that member in accordance with its bye-laws; provided that in assessing normal

credit the managing body shall take a full statement as to the member's means of earning. .

(c) on the security of the movable property or future movable property unless

the movable: property is placed with the society.

(d) on personal security without sureties, unless the borrowing member has unencumbered immovable property or attachable funded assets sufficient to cower the

loan and' a full statement of such securities is submitted by the borrower and the truth of the statement is ascertained by-the managing body. . (e) on personal security with sureties, unless the borrowing member and his sureties together have 'unencumbered immovable property or attachable funded assets sufficient to

cover the loan and a full statement of such securities is submitted by borrower and the sureties separately and the truth of ,the statements is ascertained by the managing body, . (f) on personal security, with or without sureties, unless the loan is for a short period not exceeding the time required to. reap the benefit of the loan and in no case exceeding three

years. . (2) (a) Notwithstanding the 'provisions of, sub-clause (I) (b), (d) and (e) It loan may' be given

on personal security provided that the managing body of the society is satisfied as to the credit on the borrower and has taken from him a scheme for the utilization of the loan and

has 'ascertained the truth of the statements contained in the scheme and the bonafides of the' borrowing member, (b) the resolution of the managing body granting a loan under this section shall contain the names of all assenting members, .

(c) notwithstanding the provisions of sub-clauses 1b to f. and 2 a and b a registered society may issue a loan on mortgage or valuable security

(d)no person shall be accepted as a surety for any borrower unless he is also a member of the same registered society

(3)A registered society the primary object of which is not the issue of loans shall open a separate accounting or finance or banking branch in accordance with its bye laws and frame

rules for the conduct of business in such branch before it issues any loans and such rules shall first be approved by the Registrar

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45Office-Bearer of Society is Required to Furnish Information and Produce Documents:-

(I) Every office bearer of .a registered society shall produce documents .and books of accounts,

cash balance in his custody and appear before and' furnish such information in regard to the

transactions or working or working of the society as may be required of him by the Registrar, or

persons authorised by the Registrar in this behalf, and audit officer, Arbitrator, liquidator or any

person conducting .an inspection or inquiry under the provisions of this Act and the Rules made

thereunder.

(2) (a) At any sale of property, movable or immovable held under this Act or rules framed

thereunder, no office-bearer of the registered society concerned or any person having any duty

to perform in connection with such sale, shall either directly or indirectly bid for, acquire or

attempt to acquire any interest in such property.

(b) Any office-hearer, of a society. or liquidator may on behalf of the society bill and purchase.'

at a sale of mortgaged property.

CHAPTER VI

PRIVILEGES OF REGISTERED SOCIETIES.

46. Prior Claim of Society:-(1 )Notwithstanding anything contained. in any other Act or

Rules having the force of law, any debt or outstanding demand due-to a registered society by any member, surety past member, or the estate of any deceased member shall be a first

charge. (a) if such debt or demand is due in respect of the supply, or any loan to

provide the means of such supply, of seed, manure, labour, fodder for cattle or any other thing incidental to the conduct of agricultural operations, upon the crop' or agricultural

produce of such member, past member or belonging to the estate of such deceased member, at any time within two year from the date of such supply or loan or from the date on

which the last installment of such supply or loan became repayable (b) if such debt or demand is due in respect of the supply of or any loan for the

purchase ,of cattle, agricultural implements or warehouses for the storage of agricultural produce-in the manner and a the extent aforesaid upon the crops or agricultural produce of

such member, past member or belonging to the estate of such deceased member and also upon the cattle, agricultural implements' of warehouse thus 'supplied or purchased wholly or

in part from any such loan; (c.) if such debt or demand is- due in respect of the supply or any loan for

the purchase of raw materials, industrial implements, machinery, workshop, warehouses or business premises,-upon the materials other things supplied or purchased by such

member, past member or the deceased member wholly or in part from any such loan .and also upon any articles manufactured from raw materials or with implements or machinery

so supplied or purchased wholly or in part from any such loan (d) if such debt or demand is due in respect of any loan for the purchase,

improvement or redemption of land or for the purchase or construction of any house, building or any portion thereof,-upon the land purchased, improved or redeemed or

the house or ,building so purchased or constructed by such member, past member or, the deceased

member from any such 'loan

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(2) Notwithstanding anything contained in any law, any transfer made in

contravention of the provisions of sub clause (I) shall be void.

47,Charge and set off in Respect of Shares or Interest of Members :

A registered society shall have a charge upon the share or interest in the Capital and on

the deposits of a member.; or past member or deceased member and upon any dividend,

bonus or surplus payable to a member or past member or the estate of a deceased member

in respect of any debt due from such member or past member or estate of. such deceased

member to the society, and may .set off any' sum credited or payable to a member or past

member or estate of a deceased member in or towards payment of any such debt.

48. DEDUCTION OF DUES FROM SALARY OF MEMBERS If 'a member of a registered

society, who is an employee of the Durbar, takes a loan from a society. and contracts to repay

it by installments, and authorizes the society to recover such instalments by deduction from

his salary, the person who disburses any amount payable to such member as salary or

remuneration in respect of 'Such employment shall. on demand from the society; deduct the

amount of such installment. from the amount disbursed to such member as salary and shall

forthwith remit to the society the amount so deducted.

49. EXEMPTION FROM COMPULSORY REGISTRATI0N AND PERSONAL

ATTENDANCE FROM REGISTRATION OF INSTRUMENTS:-- Nothing in any Act or Rule

having the force of law shall apply to :

(I) any instrument relating to shares in a registered society, notwithstanding

that assets of such society consist in whole or in part of immovable property; or

(2) any debenture.- issued by any such society and not creating. declaring.

assigning, limiting or extinguishing any right. title or interest to or in immovable Property

except in so far as it entitle the holder to the security afforded by a registered

instrument whereby' the society has mortgaged, conveyed or otherwise transferred the'

whole or part of its immovable property or any interest therein to trustees upon trust for the

benefit of the holders of such debentures: or

(3) any endorsement upon or transfer of any debenture issued by any such society;

(4-) It shall not be necessary for any office bearer of a registered society or

liquidator of. society to appear’ in person or by agent at any registration office in any

proceeding connected with the registration of any instrument executed by him in

his official capacity or to sign. . .

(5) Where any instrument is so executed, the registering to whom such.

instrument is presented for registration may, if he thinks fit. refer to such office-bearer or

liquidator for information regarding the same and. on being satisfied of the execution

thereof, shall register the instrument. .

50, POWER TO REMIT CERTAIN DUTIES. FEES, ETC:-(I)The Durbar

may by general or special order in the case of a registered society or class of registered

societies. remit any tax, cess' or fee payable under any law for the time being in force or

the rule; thereunder.

(2) The Durbar may, in 'respect of any registered society or class of registered.

societies, remit

'(a) the stamp duty in respect' of any instrument executed by. or. on behalf .

of, in favour of, a registered society or by an' officer or on behalf of a member thereof,

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and relating to the business of .such society or any calls of such instruments, co-operative

demand certificates or decisions, awards or orders of Registrar or arbitrators under this

Act, in cases where, but for such remission, the registered society, officer or member thereof, as

the case may be, would be liable to pay the stamp duty chargeable under any law for the time

being in force, in respect of such instrument, and

(b) any fee payable by a registered society under any law for the time being

in force for the registration of documents or of court fee for the time being in force.

CHAPTER VII

PROPERTY AND FUNDS OF REGISTERED SOCIETY

51 INVESTMENT OF FUNDS:- (I) A registered society may invest or deposit

its funds

(a) in a Recognised Savings Bank, or .

(b) in any of the securities approved by the Registrar, or

(c) with the sanction of the Registrar, in the shares or debentures or in the

security of any other registered society, or

(d) with a any registered society, bank or persons carrying on the business of

banking approved for this purpose by the Registrar, or

(e) in any other mode permitted by the Rule.

(2) Such investment shall be accounted for separately to show whether it is

from the Reserve Fund or from the general funds of the registered society.

52. RESERVE FUND (I) Every registered society shall maintain a Reserve Fund formed from

its profits and carry to the fund in each year not less than twenty per centum of its net profits.

(2) The Reserve Fund shall be invested separately in any of the ways prescribed in

section 51, or, with the sanction of the Registrar, in immovable property required for the

furtherance of the activities of the society. Any such investment shall be deemed to constitute

Reserve Fund. No instrument securing a loan on a Reserve Fund shall be valid.

(.1) The Reserve Fund shall not be utilized for any purpose whatsoever' except with

the sanction of the Registrar, who shall accord such sanction only in exceptional

circumstances.

53 DISTRIBUTION OF NET PROFlT:- After making the allocation to the Reserve Fund as

prescribed in section 52, the remaining net profits of a registered society may be distributed

'according to the bye-laws of the society, provided that the rate of dividend on shares does

not exceed 61-4 per cent.

54 RESTRICTION ON DISTRIBUTION OF PROFIT:- (9) Save as may be prescribed, no

distribution of profit shall be made in the case of a registered society with unlimited liability and

no part of the net profit or of a fund of any society shall be divided by way of dividend, bonus,

rebate or otherwise among its, members, except with the previous approval of the Registrar

and as provided in the bye-laws of the society.

(2) No dividend, bonus, or rebate shall be paid

(a) otherwise than out of net profits certified by the audit officer to have been

actually realized; provided that advance patronage .dividend maybe paid in accordance with

the directions of the Registrar and on the certificate of an internal auditor approved by the

Registrar; or

(b) without the previous sanction of the Registrar, if the audit officer report that any

asset is bad or doubtful and also recommends that such action is necessary.

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55 REGISTRAR IS RESPONSIBLE FOR AUDIT,:- (I) The Registrar shall audit or 'cause to be

audited by some person' authorised by him by general or special order in writing in this behalf the

'account of every registered, society and society under liquidation once at least in every year.

(2) The Registrar or the persons authorised by him in this behalf shall at all reasonable

time have free access to the books, accounts, documents securities, cash and other properties

belonging to, or in the custody of the society and may summon any person in possession or

responsible for the custody of any such books, accounts documents ,securities, cash or other

properties to produce the ,same and furnish such information in regard to the transactions and

working of the society at any convenient place or at the. headquarters of the society or any

branch thereof by the same means and, so far as may be in ,the same manner as provided

in the Code of Civil Procedure, applicable to the State.

(3) In respect of every audit 'of the accounts, a registered society shall pay such audit fee as may

be prescribed and such fee shall be deemed to, be outstanding dues from the society.

,56. POWER OF THE REGISTRAR TO HAVE THE ACCOUNTS WRITTEN UP :If at the time of

the audit the accounts of a registered society are not complete, the Registrar or with his sanction,

the audit officer, may cause the accounts to be written up at the' expense of the society.

57. NATURE OF AUDIT :- The audit shall include' ' (i) a verification of the cash balance and securities

(ii) a verification of the, balance at the credit of the depositors and creditors and of

the amounts due from the debtors of the society;

(iii) an examination of the overdue debts; if any

(iv) the valuation of the assets including stock verifications, and liabilities of the

society

(v) an examination of the statement of accounts and balance sheets to be prepared

by the managing body of the society in such forms as ,may be prescribed.

(vi) a certification of the, realized profits; and

(vii) any other relevant'. matter.

58. AUDIT REPORT :- The audit officer shall, within a' week from the date of completion of

audit, submit to the registered society, and to the Registrar', together with the state,

ment of accounts audited, and report including a. statement of -

(i)every transaction which appears to him to be contrary to law or to the rules or byelaws .

(ii) every sum which ought to have been has not been brought into account;

(iii) the amount of deficiency or loss which appears to have resulted from any negligence

or misconduct or to require further investigation; .

(iv) an money ,or;. property belonging to the society which appears; to have been

misappropriated or fraudulently retained by any person;

(v) any of the asset. .which appears to him to be bad or doubtful;

(vi) any irregularity 'for 'maintaining account; and

(vii) . any other relevant .matter.

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59. RECTIFICATION OF. DEFECTS:- A registered society shall be afforded by the

Registrar an opportunity of explaining any defect, or irregularities pointed out' and objected

to by the audit Officer, and thereafter the society shall, within such time and in such manner as the Registrar-may direct. remedy such defects and irregularities and report .to the registrar the action

taken by it thereon..

CHAPTER IX

INQUIRY AND INSPECTION

,60. INQUIRY BY REGISTRAR :. (I) The Registrar may, at any time, of his, own motion or' shall

at the request of the Administrative head 'in-charge of the civil Sub-division or other Administrative Area, hold an inquiry or direct some person authorized by him by order in writing in this behalf, to'

hold an enquiry into the constitution, working and financial condition of a, registered society.

(2) Such an inquiry shall also be held on the application of (i) affiliating society, if any,

of which the society is a member and a debtor; (ii) a majority of the members pf the

managing body;

(iii), one-third of the members of the society, who 'shall have deposited such security

for. costs, if any. and the Registrat' may direct; .

(iv) .creditors representing not less than one half of the borrowed Capital of the

society, who shall have deposited such security for costs, if any, as. the Registrar may direct.

(3) The Registrar shall communicate to result of any enquiry under this section to

society and to the person at whose request such enquiry was made. .

61. INSPECTION OF SOCIETY :- (I) Every registered society shall be liable to inspection at any

time by the Registrar or any-person authorised by him in this behalf any .general

or special order; and by' any affiliating society if so provided in its bye-laws. . .

(2), An inspection of a registered society shall. be made by the Registrar or any person

authorised by, him in this behalf by an order in writing at any time on the application of a creditor of a registered society.

Provided that no inspection shall be made under this sub-section unless (I) the creditor deposits with the Registrar such sum as security for the cost of the proposed inspection as the

Registrar may .require and (ii) the creditor satisfies the Registrar that the alleged debt is a sum then due and that he has demanded payment thereof and has not received satisfaction

within a reasonable time .

,Provided further that no inspection shall be conducted under this sub-section with

out giving the society an opportunity of being heard.

(3) The' result of an inspection under this section shall be communicated to the society

and at held. at the. instance of a creditor, to the a-creditor.

,

62. COST OF ENQUIRY AND INSPECTION :- (i) When an inquiry is held under section 60 (I) or an

inspection is made under section 61 (1). the Registrar may after. giving the parties an opportunity of

being heard, apportion the cost or such part .

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of the cost as he may deem fit, between the. society,. the members thereof or the affiliating

society or the creditor or' creditors applying for such inspection or inquiry, as the

use may be, and the officers, former officers, members and past members of the society.

(2) No expenditure from the fund of a registered society shall be incurred for the

purpose of defraying any cost in support of any appeal preferred by any person other than the

society itself against an order under sub-section (I).

(3) Any ,person authorised by the Registrar under sections '60 and 61 shall

have all the powers of the Registrar when acting under these sections.

. (4)' Recovery of, costs:-. Any sum awarded by way of cost under this sec

tion shall be recoverable through a Co-operative. demand certificate.

CHAPTER X

SETTLEMENT OF DISPUTES

63. 'REFERENCE OF DISPUTE:- Any dispute touching the business of a registered society, other than a dispute regarding ,disciplinary action taken by a society against an

employee of the society, or of the liquidator of a society shall be referred to the' Registrar for decision if the parties thereto are among the following:

(a) the society, its past or present controlling or managing body, any past

or present officer, agent or employee or ,the liquidator of the society; or

(b) member, past member or persons claiming through a member, past member, or

deceased member of the society; or

'(c) a surety of a member, a past member or deceased member of a' society;

(d) any other registered society or the liquidator of such society.

. 64 SETTLEMENT OF DISPUTE:- (I) The Registrar shall' on receipt of a

reference under section 63

(a) decide the dispute himself or authorize any officer to decide the dispute or

. (b) refer it for disposal to an arbitrator appointed by the Registrar or to three

arbitrators one to be nominated by each of the parties to the dispute and the third, who shall

be nominated by the Registrar, to act as ,Chairman. Where any party to dispute

fails to nominate an arbitrator within fifteen days after .the communication of this notice, the

Registrar may himself make 'the nomination.

(2) The Registrar may withdraw any reference of such dispute referred under

sub-section (I) and may deal with it himself under the said sub-section.

(3) Where the Registrar is satisfied that a party to any reference made to him under.

section 63 with, intent to defeat or delay the execution of any, decision that may

be passed thereon- :

(a) is about to dispose of the whole or any part of his property; 'or

(b) . ,is' about to remove the whole or' any part of his property from the Local

limits of the jurisdiction of the Registrar, the Registrar may, unless from the local limits of

the jurisdiction of the Registrar, the Registrar may, unless adequate security is furnished;

direct the conditional attachment of the said property or such part thereof 'as he deems

necessary; and such attachment shall have' the same effect as if it had been made by a

competent Civil Court.

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CHAPTER XI

DISSOLUTION OF SOCIETY

6I. CANCELLATION OF REGISTRATION:- (I)If the Registrar, on receipt of an

application' made upon a resolution adopted in a meeting of the General Assembly

by a three fourths majority of the members present at the meeting provided that the notice of

dissolution was included in the circulated agenda of. the meeting, is of opinion that a society

ought ,to be dissolved, he may by an order in writing cancel the registration of the society.

(2) The Registrar, after an enquiry has been held under section 60, or after

an inspection has been made under section 61 may cancel the registration of a society

which- .

has not commenced, working; or

has ceased working; or

has ceased to. comply materially with any condition as to registration in this

Act, rules or bye-laws, and

(iv) in his opinion ought to be dissolved.

(3) A copy of the order 'canceling the' registration of a society shall forthwith

be published in the Official Gazette by a notice which shall be communicated to the society

and to any affiliating society concerned by registered post. The notice shall contain

the name of the liquidator appointed under 'section 66,who shall take full charge of the

society forthwith and shall require all claims against the said society to be made to the

liquidator within two months of publication of the notice. All liabilities recorded in the

account books of the society shall be deemed ipso facto to have been so claimed.

(,4.) When the. cancellation of the registration of a society takes effect,

the society shall cease to exist as a corporate body, but shall vest in the liquidator.

(5) Any member of the society may, within two months from the date' of publication’

of the order of cancellation, appeal to the Dewan, Sikkim State against such order.

(i)

(ii) (iii)

(6) Where no appeal is presented within' two months from the publication of an

order canceling the registration of the society, the order shall take effect on the expiry of

that period.

(7) When an appeal is presented within two months of an order of cancellation the

order 'Shall not take effect until it is confirmed by the Dewan and such confirmation is

communicated to the society by registered post. .

66. WINDING UP:- (1) Where an order of cancellation of the registration of a society is

made by the Registrar under section 65 he may appoint any person to be the liquidator of

the society and may remove such person and appoint another in his place.

(2) The liquidator appointed under sub-section (i) shall have power from the date of his appointment to take immediate possession of all assets, properties, effects and

actionable claims of the society or to which the society is entitled and of all books, records, cash and other documents pertaining to the business of the society and, in the interests of

the society. shall hold charge of the society notwithstanding the provisions of .section 65 provided that no. steps shall be taken for the winding up of the society during the pendency

of any stay order. .

73

(3) The liquidator shall, with the sanction of the Registrar, have power, so far as is

'necessary for the winding up of the society, on behalf of the society to carry on the business

thereof and to do all acts and execute all documents necessary to such winding up, and in

particular shall exercise the following powers:

(a) to institute, compromise and defend suits and other legal, proceedings

on behalf of the society by his name of office. .

(b) to make any compromise or arrangement with any. person. between

whom and the society there exists any dispute;

(c) to determine the debts due to the society by a ,member, past member

or the estate, .nominees, heirs or legal representatives of a deceased member,

(d) to determine from time to time the contribution to be made or remaining to

be made by the members, past members or by the estates or nominees, heirs or legal

representatives of deceased members or by any officers or former officer to the assets of the

society and to determine the debts due from such members or persons and' cost of

liquidation;

(e) to calculate the cost of liquidation. and to determine by what persons

and in what proportion they are to he borne;

(f) to investigate all claims against the society and, subject to the provisions

of this Act to decide questions of priority arising between claimants;

(g) to pay claims against the society including interest up. to the date of.

cancellation of registration according to their respective priorities, if' any in full or rateably as

the assets including the reserve fund of the society, permit; the surplus any, remaining after

payment of claims being applied in payment from the date of such cancellation at a rate fixed

by him but not exceeding the contract rate in any case;

(h) to take steps to recover dues according to the provisions of section

83, if necessary; and

(i) to dispose of the surplus, if any, remaining after paying the. claims

against the society in accordance with section 67 of this Act . .

(4) Subject to the provisions of this Act and rules made thereunder, a liquidator appointed under this section shall, in so far as such powers are necessary for carrying out the purposes of this section, have power to summon and enforce the attendance of witnesses and. to compel the production of any .book, accounts, documents, securities., cash

. . or other properties belonging to or in the custody of the society by the ,same means and so

far as may be in the same manner as is provided in 'the case of a Civil Court 'in the State.

. . (5) Notwithstanding anything contained in any law for the time being in force, if any.

landed property is held by a liquidator as such the title over the land shall complete

as soon as the mutation of the name of his office is effected and no court shall question the

title on' the ground of dispossession, want of possession or physical delivery of possession.

67. Distribution .of Fund of a dissolved Society :- On dissolution of a, society,

the reserve fund- and' any undisbursed cash in hand shall be applied to , discharging the

liabilities of the society and the repayment of the share. capital. Any sum, that may, remain

shall be credited to the reserve fund of a society to be .formed to replace, the dissolved

society or, if there be any such society, to any other deserving society existing' within the

same area of operation and having objects similar-to those of the dissolved society or, if

there be. no such society , to any other registered society in Sikkim as .may, be .determined

74

by the Registrar and till then. the amount shall be deposited in the' name' of the Registrar

'in some Bank approved by the Durbar.

68. . Liquidator to deposit the books and submit a final report:- When, the affairs of a

registered society have. been wound up, the liquidator shall make a report to the Registrar,

who when satisfied shall order the liquidation proceedings to be closed and direct the

liquidator to deposit the records whomsoever the Registrar thinks fit.

69. Bar of Suit:-' Save in so far as is expressly provided in this Act, no Civil' court shall take

'cognizance of any matter connected with. the winding up or dissolution of a society under this

Act and when a liquidator has been appointed no suit or other Iegal proceedings shall lie or

be proceeded with against him except by leave of the Registrar and subject to such terms as

he may impose. .

. CHAPTER XII .

RECOVERY OF SUMS DUE AND ENFORCEMENT OF OBLIGATIONS.

70 Power of Registrar to. direct' payment of dues:- Notwithstanding anything contained

in Chapter X, the Registrar or such other person as may be authorized in this behalf, may,

on his own motion or on the written requisition of a registered society or an affiliating society

for the recovery of any loan due by a defaulting member, after due enquiry, make an award

directing payment by such member of the amount found to be due.

71. Charge and Surcharge (I)' Where, as the result of an audit under section 55, Or an

enquiry under section 6'0 -or an inspection under section 61 or a report made in the course

of the winding up of a registered society, it appears to the Registrar that any member, officer

or employee, past or present, of the society has at any time-

(a) intentionally, whether individually or as an assenting member of any'

Managing or other controlling body, made or authorised any payment or granted any loan

which is contrary to the provision of this Act or to the rules or bye-Iaws. or failed to, take '

timely steps to recover any loan at the, due date or if it was being improperly utilized, or

. (b) was grossly negligent in respect of any loss or deficiency. or

(c) failed to bring into account any sum which ought to have been brought

into account, or

(d) misappropriation or fraudulently retained any property of the society; or

(e) committed breach of trust in relation to the society; the Registrar may inquire

into the conduct of such' officer or member of the managing. or other controlling . body.

(2) the Registrar may similarly inquire into the conduct relating to the affairs of the society of any member, officer or employee, past or present, of a registered society,' on the

application of the present controlling or managing body of the society, or liquidator or any creditor, or any other registered society to which the society is affiliated or any contributory.

(3) Upon such enquiry, after giving such member, officer or employee an opportunity of being heard and, in the case of a payment made contrary to the provisions of

this Act or rule or bye-laws, after affording such member, officer or 'employee

75

to recover the amount of such payment from the payee and credit it to the funds of the society the Registrar may by an order in writing require such member, officer or employee to pay such

sum with interest at such rate as the Registrar may direct, to the society by way of compensation in respect of such payment or loss or to restore such property as the Registrar

thinks fit, and to pay such sum as the Registrar may fix to meet the cost of the proceedings under this section.

(4) Any award made by the Registrar under sub-section (3) shall be reduced to the

form of a Co-operative' demand certificate by the officer authorised to issue such certificates.

(5) This section shall apply notwithstanding that such member, officer or

employee may by his act or omission have incurred in addition criminal liability under this Act or any other law for the time being in force.

(6) An appeal shall Iie to the Dewan against an order passed 'under sub-clause (I) (a) within thirty days of the communication of the order.

CHAPTER XIII. PENALTY.

72. Prohibition of the use of the word "Co-operative":- (I) No person other than a society registered under this Act shall trade or carryon business under any name or title of which

the word" Co-operative," is part:

(2) Whoever contravenes the provisions of this section shall be punishable with fine

which may extend to fifty rupees, .and in the case of a continuing offence with further fine of five rupees for each day on 'which the offence is continued after .conviction therefore.

73 Punishment for false return, false information, Disobeying summons, orders etc

If (a) a registered society or an officer or member thereof or any liquidator, wilfully makes a false return or furnishes false Information or wilfully neglects or refuses to do any act

required. by this Act or the rules or bye-laws&; or does any thing contrary to this Act Or the rules or bye-laws or

(b) .any person willfully or without reasonable excuse disobeys .any summons, requisition or lawfully written order issued under the provisions of this Act or. does not

produce documents, or cash balance of the society or furnish ,any information lawfully required from him by .a person .authorized in this behalf under the provisions of this Act (or

fails to maintain up-to: date accounts, records ,and other documents of the society required to be maintained by him under this Act or the rules or byelaws) he shall be

punishable with fine which may extend to five hundred rupees and in the case of-a conti-nuing offence a further line of five rupees for each day on which the offence is continued

after conviction therefore.

Provided that nothing in this section shall apply to the use by any person, or by his

successor in interest of any name of title under which he lawfully traded or carried on business at the commencement of this Act

CHAPTER XIV.

JURISDICTION

78 Indemnity--No suit ,proceeding or prosecution whatever shall lie against the

Registrar or any person acting on his authority or against any liquidator in respect of anything

done in good faith under this Act

79 Bar to Jurisdiction of Courts (1)save as provided in this Act no Civil or

Revenue Court shall have the Jurisdiction in respect of

(a)registration of a registered society or its bye laws or amendments of bye laws

76

74.Punishment for disposing property in contravention of Section 46

Any member, past member or the nominee, heir or legal representative of a deceased

member removing or otherwise disposing of, or suffering to be removed or otherwise dis-posed of, any property on this registered society holds a first charge under section 46

with intent to defraud the society or with such intent doing any other act to the prejudice of the society's first charge, shall be. punishable with fine not exceeding five hundred rupees.

75 Penalty for certain misdemeanors:- Where it appears to the Registrar that any person

has contravened the. provisions of this Act,. the rules or bye-Iaws

(a) by sitting or voting or exercising his rights as a member, or as a member of any

managing or controlling body, or voting in the affairs of a registered society as a

representative of another society which is a member of such society, when such person was

not entitled so to sit, vote or exercise such rights, as the case may be, or

. (b) by utilizing a loan for a purpose. different from that for which it was granted;

the Registrar may, after affording such person an opportunity to be heard, by an order in

writing direct them to pay the assets of the society by way of penalty such sum not exceeding

fifty rupees' as the Registrar thinks fit.

76. Power to enforce performance of 'obligations :-Notwithstanding anything contained in

this Act, where any registered society:-is required to take any action under this Act, the rules

or bye-laws and such action is not taken within the time provided in this Act, the rules or bye-

laws or within such time as the Registrar; may specify by a notice in writing, where no time is

so provided, the Registrar may call upon any officer of the ,society whom he considers to be

responsible for carrying out these directions, and after giving such officer an opportunity to-

be heard, may require him to pay to the assets 'of the society such sum not exceeding

twenty-five rupees as the Registrar may think fit for each day until the Registrar's directions

are carried out. .

77. Cognizance of offence: ( 1 ) No court inferior to that of a Magistrate of the second class

shall try any offence under this Act.

(2) No prosecution for an offence under this Act shall be instituted without

the previous sanction of the Registrar.

(3) Offences under' this Act' may be tried summarily..

77

(b) the-dissolution Of a managing or controlling body and the management of the

affairs of the society on dissolution thereof; or (c) any ,dispute referred to the Registrar; or

(d) any matter in, relation to the winding up and dissolution of as registered society

,'

(2) Save ,as provided in this Act, no order, decision or award under this Act,

or working of the affairs of a registered society shall be liable to be challenged, set

aside, modified, revised or declared void in any ,court on any ground whatsoever except on

grounds of jurisdiction.

80. Appeal or Review -:Except where otherwise expressly provided to the contrary an appeal shall lie to the Registrar from the decisions made under this Act or .rules framed under it by

any Government Officer, Liquidator or, non official helper appointed under sub - 'section (3) of section 3.

(3) Save as provided in this Act or rules, no appeal shall lie to the Durbar .against any order of the Registrar, except ,on a question of law, and provided such appeal is

preferred within two months of the communication of such order.

(4) Any appellate authority. and the Registrar in case of review may pass any order pending any appeal or review before such an authority, and may award costs against such

an authority, and may award costs against any party appealing or petitioning for review if such appeal or review petition is considered false, vexations or frivolous by the authority

concerned.. J

81. Power of Attachment of Property:- Where the Registrar or such gazetted officer as may have powers delegated to him under section 83 is satisfied that any persons

holding property within his jurisdiction with intent to defeat or delay the execution of any order, under a Cooperative demand certificate for recovery of dues, or with intent to avoid

payment of dues from such person under this Act, rules or bye-laws

is about to dispose of the whole or any part of such property; or (b) is about to remove the whole or any part of such property

from the local limits of the jurisdiction of the Registrar or of such gazetted officer may, unless adequate, security is furnished, as he. may require, direct the conditional attach-

ment of the said property or such part thereof as he thinks necessary, notwithstanding that the claimant or owner ,of the property may reside elsewhere, and such attachment shall

have the same force and effect as if it had been made by a competent Civil Court .and shall continue in force until withdrawn or cancelled.

(a)

. 82. Registrar to be Civil Court for Certain purposes :. The Registrar or any person empowered by him in this behalf shall be deemed, when. exercising any

powers under this Act for the recovery of any amount by attachment and sale or by the

78

sale without attachment of any. property, or when passing any orders on any application made

to him for such recovery or to ,take any step-In-aid of such recovery, to be a Civil Court.

83..Recovery of Sums Due( I) All dues recoverable under this. Act or Rules framed

thereunder shall be reduced to the form of a Co-operative demand certificate, as in Schedule A over the signature of the Registrar or of such gazetted officers as may have powers

delegated to them by the Registrar in this behalf and shall be recovered as an arrear of land revenue and shall be 'paid to the certificate holder or his authorised nominee. Such certificate

shall be in the name of the claimant and shall be delivered to him.

(2) Notwithstanding anything contained in sub-section (I). all the said dues. shall also be recoverable as a public demand, on a written requisition sent to the certificate officer. in the

prescribed form over the signature of the Registrar or of such gazetted officer as may have powers delegated to him by the Registrar in this behalf.

(3) For the purpose. of this. section a member of an affiliated society shall be

.deemed to be a member of the affiliating society and loans due to the affiliated society be deemed also to be loans due to the affiliating society to the extent that loans from the affiliating

society to the affiliated society outstanding and cannot be recovered from the affiliated society directly, provided that not more than one demand certificate maybe executed against a single

loan.

84.REGISTRAR MAY ORDER A MEETING OF CREDITORS:- (I) Notwithstanding anything contained in this Act, where a compromise or arrangement is proposed between a registered

society and its, creditor or any class of them the Registrar, upon an application made by a registered society or by liquidator in case of a society in-respect of which an order has been

passed for the winding up thereof. or by a creditor or creditors or any class of creditors, may order a meeting of the creditors.

(2) If a majority in number of creditors or the class of creditors as the case may be, representing claims to three’ fourths of: the debts due by the society to the creditors or class of creditors, at a meeting agree to any compromise or arrangement and if the Registrar agrees to such compromise or arrangement and gives his sanction then the compromise or the arrangement shall be binding on all .the creditors or class of creditors and also on the society or on the liquidator in the case of a society in respect of which an order has been passed. for' winding up thereof and of all persons who may be required by the registrar to contribute to the assets ,of the society.

CHAPTER XV

MISCELLANEOUS

85. SOCIETY TO BE A BODY CORPORATE:- Every registered society shall be deemed to be a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to hold property, to enter into contracts, to institute and defend suits and other legal proceedings and do all things necessary' for the purposes for which it was constituted,

79

86. REGISTER OF MEMBERS:-Any register or list of members or shares kept by any registered society shall be prima facie evidence of any of the following particulars entered therein- .

(a) the date on which the name of any person was entered in such register or list

as a member; and

(b) the date on which any such member ceased to be a .member.

87. ENTRIES IN BOOKS OF REGISTERED SOCIETY SHALL BE. RECEIVED AS PRIMA FACIE EVIDENCE:-. .( I) A copy of any entry in a' book of a registered society, regularly kept in the course of business shall, if certified. by the Chairman or Secretary of the society, be received in any suit 'or 'legal proceeding as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transaction 'and

accounts therein recorded in every case where, and to the same extent as the original entry itself is admissible.

(2) No officer or liquidator of a registered society and no officer in whose office the books of a registered society are deposited after liquidation shall in any legal proceeding to which the society or the liquidator is not a party, 'be compelled to produce any of the society's books the contents of which can be proved under sub-section (I) or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless specially so directed by an order of the Court or the arbitrator.

88. ACT OF SOCIETIES, ETC. TO BE INVALIDATED BY CERTAIN DEFECTS:

' (1) No act of a registered society or of a managing or controlling body or of any

officer or liquidator done ,in good faith in pursuance of the business of the society shall be

deemed to be invalid by reason only of some defect subsequently discovered in the

organization of the society or in the constitution of any such body or in the appointment or

election of the officer or liquidator on the ground that such officer or liquidator was dis-

qualified .from appointment.

(2) No act done in good faith by any person appointed under this Act shall be

invalid merely by reason of the fact that ,his appointment has been cancelled or in

consequence of any order subsequently passed. under this Act.

(3) The Registrar shall decide whether any act Was done in good faith in

pursuance of the business of a society.

89. RULESANDBYE-LAWS NOT TO BE DEEMED TO GO BEYOND THE ACT:-Rules framed under this Act and bye-laws registered under this Act shall not be deemed to go beyond the provision of this Act If their effect is not to lessen the degree .of control expressly provided for in the Act.

90 POWER TO EXEMPT FROM CONDITIONS AS TO REGISTRATION: Notwithstanding any thing contained 'in this. Act, the Durbar may by special order and subject to such conditions, if any, as it may impose, exempt any society from any of the requirements of this Act as to registration.

91. POWER TO ORDER RECOUPMENT OF EXPENDITURE:- Notwithstanding anything contained in any .Law for the time being in force the Durbar may, by a general or special order, require every registered society or a class of registered societies to make contribution of such sum annually to be fixed by the Registrar towards

80

the recoupment of administrative expenditure incurred by the' State in respect of inspection,

supervision and guidance of a society or class of societies or of any service ,to such society or

class of societies.

. 92. POWER TO SEIZE RECORDS OF SOCIETY:--,(I) 1f .the Registrar or

any person authorised by him in this behalf, while making audit, inspection, inquiry or supervision as the case may be, believes or has reason to believe that the Registered society is not keeping

or maintaining the accounts, books and records of the society properly or finds or reasonably suspects gross negligence of duties, miss-appropriation or misuse of funds of the society,

irregularity in recording 'proceedings -or keeping accounts or book he shall have power to take possession of any or an books, registers or documents, cash in hand or account books of the

society and remove such seized property or keep in proper custody such seized property till it is disposed of in any manner -as may be directed by the Registrar.

(2) The person seizing the. property of the society under sub-section (I) shall prepare

an inventory of the properties seized in duplicate with his signature and require the officer or member of the society from whose possession or custody the property is seized to put his

signature in, witness thereof and, if such officer or member refuses to sign, the person seizing the property shall call upon two or more persons. to sign to the seizure list. A copy of the list

prepared under the. section, signed by the witnesses shall be delivered to the officer 'Of the society.

(3) The Registrar shall take immediate steps in way of audit or inspection and pass such orders as he may think fit.

(4) The administrative head of a civil sub-division or administrative area shall give police help to an officers mentioned in subsection (I) of this section -when. sought for.

93. POWER OF THE MANAGING BODY OF AN AFFILIATING SOCIETY TO ENQUIRE INTO THE AFFAIRS OF A MEMBER SOCIETY When a. registered society

takes a. loan from an ,affiliating society and defaults payment of or any installment thereof, any member of the managing body of the affiliating society, may examine and

look into the. accounts and working of such borrowing society and report the result of his enquiry or examination particularly with reference to the said loan to the affiliating

society and may recommend any suggestion in his report. The borrowing: society shall furnish such information and produce such documents, books and accounts. as the

member of the managing body may require.

94. POWER TO MAKE RULES: The Durbar may, after previous publication make rules to' carry out the purpose and objects of-this Act,. and such rules may provide a penalty not exceeding fifty Rupees for a breach thereof.

81

SCHEDULE A

( See Section 83

) CO-OPERATIVE DEMAND CERTIFICATE

Granted under Section 83 of the Sikkim, Co-operative' Societies Act, 1955,

( Co-operative Demand Certificate' granted under section 8 3 (1) of the' Sikkim

Co-operative Societies Act 19 55).

( To be realized as an arrear of land revenue by the Revenue' authority within

whose jurisdiction the judgment debtor's property is situated ). '

Case No: of 19

'Tahsil Sub tahsil

In the matter of. Versus . Whereas,. . . has made a reference, in writing

to me complaining, 'determining as a result of my personal inspection I decide, that a

sum of Rs.. .. (Rupees.. - .. .. . . ....) by way of....................................... ..

under section,. . . . . . . . . . . . . .:. of the Sikkim-. Co-operative Societies,

Act, 1955 and a sum of Rs.. .: ...; (Rupees .. ... . .. :.) by way 'of

interest is/are due from you and you have evaded payment of the same and whereas a notice

of demand calling on you to pay the dues within the specified time was served with notice to

show cause. '

And whereas you have not paid up your dues specified in the notice;

And whereas you have not submitted explanation-your explanation is unsatisfactory

Now, therefore, I under authority of 'sub-section (I) of Section 83 of the Sikkim

Co-operative Societies Act, 195'5: do hereby order that .the abovementioned ,sum of Rs.

, . . . . . is due to the above, named from you and that you pay further interest on the principal

sum at the rate of. . . . . . per cent per annum from. . ' together with all, cost till the date of

realization.

I further order that right .title and interest of. . . . . ..in the . properties set out and

described ,in the Schedule below be sold as an, arrear of land' revenue and

that, if the sale proceeds should be found insufficient to discharge the dues with 'subsequent

interest at the above rate till the date of realization and costs in full the' balance be realized

by attachment and sale of other moveable and immoveable property of the judgment debtor

.as an arrear of land revenue.

N.B

Registrar ,

Co-operative .Societies.

Sikkim.

Officer empowered under section. 83 (1) of

Sikkim Co-operative. Societies Act 195'5 The irrelevant words may be struck off and' relevant entries, may be made

where necessary.

This, Act. has been repealed by the .Sikkim ,Cooperative Societies Act NO

12 of.'I978.-ED.

(As' published in Sikkim Darbar Gazette .Extraordinary April, I.955 )

The ..

82

As published in Sikkim Darbar Gazette Extraordinary. April, 1955] Proclamation regarding High Court.

HIGH COURT OF JUDICATURE (JURISDICTION AND POWERS)

PROCLAMATION OF 1955

Whereas it is expedient to define the powers of the High Court of Judicature in

Sikkim, the terms of officer of the Judge. or Judges and matters ancillary to the administration of Justice, I, Sir Tashi Namgyal, Maharaja of Sikkim. am pleased to proclaim and ordain as-

follows

. ...

1 Title. This Proclamation may be .cited as the High Court of Judicature (Jurisdiction and Powers) Proclamation of I955.

2. Judges (a) There shall be a High Court of Judicature in Sikkim consisting . of one or more Judges.

(b) In case there are more than one Judge, one of them shall be designated by the Maharaja as the Chief Justice. with precedence over all the others

who shall be designated as Puisne Judges. 3. Tenure. The Judges of the High' Court shall hold office for such period as

may be provided in the terms of their appointment by; the Maharaja.

4.Law to be applied. The High Court shall apply the laws and usages prevalent in Sikkim.

5. Oath. Before assuming office, every Judge shall make and subscribe before His Highness

the Maharaja, or some person appointed in that behalf by him, the following oath:

I, .. .. ~ . . . appointed Chief Justice Judge of the High Court of Sikkim do swear by God solemnly affirm, that I shall bear true .faith and allegiance to His Highness

the Maharaja and to the Constitution of Sikkim as by law established and that I will duly and faithfully and to the best of my ability and knowledge perform the .duties of my office

without fear or favour, affection or ill will and that I will uphold the laws and usages of Sikkim.

6 Jurisdiction. (a) The High Court shall be the final authority in an judicial matters, civil or Criminal, subject to the exercise of prerogative of mercy by the Maharaja of Sikkim in case of convictions under the criminal law and the provisions under section II(b) of his Proclamation.

(b) All courts and tribunals in Sikkim shall be subordinate to the High Court: from whose judgments 'and decisions in all matters, criminal and civil, an appeal or revision, as the case may be, shall lie to the High Court.

7. Classification. grading. and supervision of subordinate Courts. The High Court may. with the approval. of the Maharaja. classify and grade for the

purpose of jurisdiction.' appeals and, revisions the existing courts in Sikkim criminal and civil. and may further,' with similar approval. make rules providing for.

83

. i)

ii)

iii

Supervision of the courts;

submission of returns;

)regulation of the practice and procedure.

8. Procedure of High Court. The High Court may likewise, with. the approval of the Maharaja, make rules for its own procedure.

9. Power to punish for contempt. The High Court shall have the power to punish with simple imprisonment for a period not exceeding six months and a fine not

exceeding rupees five hundred or with both any person found guilty of contempt in relation to itself or to any subordinate court.

10. being.

Language. The records in the High Court shall be in- English for the time

Giving of Maharaja's prerogative. .

(a) Nothing contained herein shall affect the Maharaja's prerogative of mercy

and pardon 'and his powers for remission, commutation and reduction of sentence.

(b) Nothing contained herein shall affect the Maharaja's prerogative to set

up a special Tribunal for the review of any case,. civil or criminal, provided that the

President of such Tribunal' shall be a judicial officer of the status of-a High Court Judge and

provided further that such prerogative shall be exercised in only very special cases where, in

the opinion of the Maharaja, there may be apprehension of miscarriage of justice.

II.

12. Pay and service conditions. Judges of the High Court shall draw such pay as may be fixed by the Maharaja and in respect of leave, travelling, gratuity and other allowances,

shall be subject and to the Sikkim State Rule.

13. Disposal of work. If at any time or for any reason no Judge is available for the discharge of the duties of the High Court, the Maharaja may make, by order, such

arrangements as he deems fit for the' disposal of the work of that court.

SEAL.

Sd/- Tashi Namgyal, Maharaja of Sikkim.

Dated Gangtok,

the 17th April,

I955

84

'PART I'

THE SIKKIM FOOD AND DRUGS CONTROL , , ,

,Act I of I955.

(Passed by the Sikkim State Council)

(Received the assent of High Highness the Maharaja on the 9th

December,1955)

Preamble.

Whereas it is expedient to make provision to prevent the supply. of food and

drugs unfit;:. for human consumption or medicine, it is hereby notified as follows

Rule I.

Short Title

These :rules may be called the Sikkim Food and Drug Rules.

Definitions , . Rule 2. For the purposes of these rules, ,unless there is anything repugnant

in the subject or context.

. (i) "Food includes' every article used for. food or drink; by ,man,' other than drugs or water

and any article which ordinarily enters into or. is ..used in,. the composition' or preparation of

human food and also includes confectionery, flavoring and, Coloring matters and spices and.

condiments.

(ii) "Drug' means .any substance used as medicine ,or in the preparation of medicines,

whether for internal or .external use, but, does not include medicines and substance

exclusively '.used or prepared 'for use' in accordance with Ayurvedic, Unani or indigenous

system; of medicine.

(3)

(a) In the case of drugs:

, If its strength, quality or purity falls below the professed standard under which it is

sold or exposed for sale

An article shall be deemed to be "Adulterated"

(b) In the case of confectionery:

If it contains any mineral substance or poisonous coloring' or flavoring

or other ingredients detererious or detrimental to health and;

(c) In the case of food

(i) if any substance has been mixed or packed with it so as to reduce or lower

or harmfully 'affect its quality or strength, or

(ii) if' any substance has been substituted wholly or in part for the article, or

iii) if any normal 'constituent of the .article has been wholly or in part abstracted, or

(iv)if it is mixed' colored powdered coated or stained in a manner whereby

deterioration inferiority is concealed, or

85

(v) if it contains or is mixed: or diluted with any substance in any quantity to the

prejudice of the purchaser or consumer. or In any proportion which diminishes in any manner

Its food value or nutrition properties as ,compared with the same in a pure or normal state

and in an undeteriorated and sound Condition or , , . ~ (vi) if it contains any added poisonous or. other, added deteriorous ingredient which may

render such article injurious to .health,

(vii) if it is ,not of the nature, substance or -quality which it purports, or is

represented to be. .

No diseased person to engage in the manufacture, 'preparation, etc ,for

sale of any food or drug.

Rule 3. (i.) No person who is suffering from any infectious. disease or who is

suffering from any condition, causing a .discharge of pus serum from any ,part of the body

shall engage or shall be engaged or shall be 'allowed to engage himself in the manufacture preparation, 'storage, packing, carriage or delivery for sale of any food or drug, or of any

material or article used or intended to be used-as a Wrapper or' container for food;. or

(ii) Every person engaged in the manufacture, preparation, Storage :packing carriage or delivery as aforesaid, shall be subject to medical examination, ,by the Chief

Medical Officer or by any other medical officer empowered by the Chief Medical Officer ' and such person shall allow himself to be so examined. No person who .is or has come in

in contact' with any person suffering from an . infectious' disease shall so, engage himself if forbidden to do so by the Chief Medical Officer,

Place of manufacture, preparation etc for, sale of any food or drug to be open. to

inspection.

Rule. 4. (i) Every place used for the manufacture, preparation storage packing or

delivery for sale of any article of food or, drug, shall be open at all times for inspection by

the Officers of the Bazar and Medical Department authorised in his ,behalf by the Chief

Medical Officer and such Officers ,shall have-the right to enter, into such

place for such inspection at all times,.

(ii) Every vessel or container or instrument or other article , used for ,the

manufacture, preparation storage; packing or delivery of any ,such article of food,

or drug, shall be kept clean and shall for that purpose be washed every time it has been

used for such purpose. Such vessel, container, instrument; or other, article shall at all

times be open to inspection by Officers of the Bazar and Medical Department referred

to in sub-rule (I).

(iii) In every place used for manufacture preparation-, 'storage ,or. packing for sale

or delivery for sale.. of any article of food or drug 'or receptacle and materials used

for such measures as may be prescribed by the Chief ,Medical Officer in this

behalf.

Prohibition' of sale of ,diseased animals or unwholesome articles 'intended for' human food 'or medicine

86

Rule 5. (i) No, person shall sell, store for sale, expose or hawk about for sale. or keep for sale, any animal intended for human consumption which is diseased, or any food or

drug intended for human consumption or manufacture' any such food or drug which is unsound, unwholesome or unfit for human food or for medicine as the case may be.

(ii) In any prosecution under this rule the Court shall, unless and until the contrary is proved, presume that any animal, food or drug found in the possession of a person who is

in the habit of keeping animal of that class intended to be used food human consumption or of keeping or manufacturing such food or-drug for the purpose of human consumption, has

been so kept or manufactured as the case may be for sale by such person.

Licensing of shops for retail sale of drug.

Rule 6. (i) No person shall keep any shop or place for, retail sale, of drugs, not being also article of ordinary domestic consumption, without. a licence from the Chief Medical

Officer.

(ii) The person to whom such licence is granted in respect of any shop or place

shall display it in some conspicuous part of such shop or place.

Manufactory or place of storage in contravention of the provisions of

this notification may be closed.

Rule 7. (i) If any manufactory or place of storage or sale of any article of food is kept

in contravention of the’ provisions of this notification, the Chief Medical Officer may cause the

same to be closed.

(ii) Whenever a Magistrate convicts any person for keeping a manufactory or

place of storage for sale of any animal food or drug in contravention of the provisions of this

notification he may direct that the use of the premises for such purpose shall cease.

Inspection of 'animal, etc. exposed for sale and seizure of animals, etc. which are

diseased, etc.

Rule 8. (i) The Chief Medical Officer -or any person authorised by him in this behalf,

may, at any time by day or night, inspect 'and examine any animal, food or drug intended for

human consumption which is in course of transit or is exposed or hawked about for sale or

deposited' in or’ brought to any place for the purpose of sale or of preparation, for sale, and may

inspect any such food or drug during the process of its manufacture and any utensil or vessel

used for preparing, manufacturing or containing any such food or drug.

(ii) If, as a result of such inspection. a prosecution is instituted, then the

burden of proving, that any such animal, food or drug was not exposed or hawked about or

deposited or brought for sale. or was not intended' for human consumption shall rest with

the’ party charged.

(iii) If any such animal appears to, the Chief Medical Officer or a person

,authorised as aforesaid to be diseased or if :any such food or drug appears to him or for

medicine. as the case may be or to be adulterated or if any such utensil or vessel

87

of such kind or in such state as to tender any food or drug prepared, manufactured,

contained therein unwholesome or unfit for human food, or for medicine, as the case may be he may seize and carry away such animal, food or drug, utensil or vessel ,in: order

that the same may be dealt with as hereinafter provided.

Destruction of animal etc.

seized under Rule 8.

Rule 9. (i) When any, animal food, drug, utensil or vessel is seized under rule 8, it

may, with the consent of the owner or the person in whose possession it was found, be forthwith destroyed or;

If such consent be not obtained and, if any food or drug seized is of a perishable

nature and is in the opinion of the, Chief Medical Officer or of the Medical Officer in charge of

a hospital or of a Sanitary Inspector of the Sikkim State, unsound, unwholesome or unfit for

human consumption or medicine, it may likewise be destroyed.

(ii) The expense incurred in taking any action under the sub-rule '(i) shall be paid by

the person who was in possession of such animal,' food, drug, utensil or vessel at the time of

its seizure.

Taking before Magistrate animals, etc., seized under rule 8,

Rule 10. (i) Any animal, food, drug, utensil or vessel seized under rule 8 which is not destroyed in pursuance of rule 9, shall subject to ,the provision of rule' 9, be taken before a Magistrate as soon as may be after such seizure.

(ii) If it appears to the Magistrate that any such animal is diseased, or that any such food or drug is unsound, unwholesome, Or unfit for human food, or for medicine, as the case may be, 'or is adulterated, or that any such utensil or vessel. is of such or in such state as is mentioned in rule 8 and is likely to be used for preparing manufacturing or containing suck food or drug, he shall cause the same to be destroyed at the expense of the person who was in possession of it at the time of its seizure or to be other wise disposed of so as not to be capable of being ..used as human food or medi-cine, or for preparing, manufacturing or containing any food or drugs as the case may be.

(iii) If it appears to the Magistrate that any such animal is not diseased or. that any such food or drug is not unsound, unwholesome or unfit for human food 'Or for medicine, as the case may be or is adulterated or that all such utensil or vessel is not used for preparing manufacturing or containing the same the person' from whose shop or place. the animal, food, drug, utensil or vessel was taken shall be entitled to have it restored to him and it shall be in the discretion of the Magistrate to award him such compensation not exceeding: the actual loss which he has sustained as the Magistrate may think proper. .

The Chief Medical Officer may frame subsidiary. rules.

Rule II. The Chief Medical Officer may frame subsidiary rules to be observed by tea-shops. restaurant, hotels and other food catering establishment for ensuring

the safety of the food for human consumption.

T. D. DENSAPA

Chief Secretary

Government of. Sikkim.

88

Penalties.

Rule 12. Whoever contravenes ,any of the' provisions of this notification or ,of

subsidiary rules framed, 'by the Chief Medical Officer 'thereunder shall be

;punished with a. fine not exceeding one, thousand rupees or, with imprisonment which

may extend up to six months or with both

By order of His. Highness the Maharaja of Sikkim.

89

GANGTOK RENT CONTROL' AND EVICTION ACT OF, 1956

Received assent of His Highness .the Maharaja of Sikkim' on, 31st .May

1956

Preamble. Whereas it' is deemed expedient and necessary to control rent and. eviction

of accommodation in Gangtok Bazar premises; it is hereby enacted, as follows

2, No tenant shall be liable to pay rent for accommodation within the .Bazar area:

as specified in schedule I in excess of the standard rent fixed for ,such accommodation:.

. 3, Standard rents shall be fixed as follows,

(i) Market value of the premises on the. date this. Act comes into force shall

be fixed by the Sikkim Durbar. In fixing the Market value; the competent authority.

would take the opinion of such responsible members of the public: including-the

owner of the premises, as may be deemed fit so as to ensure a just evaluation. . The rent

so fixed would remain valid 'for five years

(ii) The standard rent shall be 9% per year of the market value of the premises

4. A Landlord may not ordinarily eject any, tenant. When, however

whole or part of the premises are required for the- bonafide occupation of, ‘the landlord

or his dependents or for thorough' overhauling excluding addition; and ,alterations

or when the rent in arrears amount to four months 'rent or more; the 'landlord may evict the

tenant on filing a suit of ejectment in the Court of the Chief Magistrate .The tenant so evicted

shall, however , have the first right to re-occupy the premises after over-hauling, on such

enhanced rent as may be fixed by the Sikkim Darbar before it is let out to any other' tenant. .

"i)Short Title: This Act shall be called the Gangtok Rent Control Eviction Act I of 1956

(ii) Commencement.-It shall come' into force from the date of its -.publication in the Sikkim

Darbar Gazette. (iii)Extent.- It shall extend to all Buildings &, Construction situated within the area of Gangtok Bazar, which may be fixed from time to by the 'Sikkim Darbar.

7. . No landlord or tenant shall keep either the whole or any part of the business premises facing the Bazar street closed down-for a period exceeding .six months. If he does so, the Sikkim Darbar shall have the right to take possession of the: premises and let

it out to anyone else whom it thinks proper: .."

Provided the landlord will first be given the opportunity to let out such premises himself

on being so directed by the Darbar.

6. No landlord or tenant shall keep either the whole or any part of the business premises facing the Bazar street as a go down, as long as parties may be available to take up the

premises on payment of the standard rent.

5. 'No tenant shall sub-let the premises , either in whole or in part, to 'a. third party without the consent of the Landlord.

90

8 Where:. during the currency of a standard., rent payable for any premises, there

is ,any increase 'in the ground rent payable to, the Darbar in respect of the premises, the

Iandlord 'may' enhance the rent to the extent of the increase in .such ground. :rent, subject

to the approval of the Darbar.

,9. ,Where, during 'the currency of a standard rent'. payable for any premises the

Iandlord has, on the request of the .tenant made, some addition alteration. or improve

ment in the premises, the landlord shall be entitled to proportionate - increase In the standard rent.

10 (i) Any. tenant or landlord may apply to the Sikkim Darbar in writing to fix

the standard, rent, as provided in section 3.

(ii) Application shall be 'accompanied by a State .Bank Receipt of 'Rs.l0

11,Where the landlord recovers, possession of any premises from the tenant by virtue, of a

decree obtained .under section 4 and the premises are not occupied by him or by the person

for whose. benefit the premises were, acquired within 2 months of date of' vacation of . the

premises or through overhauling is not. commenced within three months of the date of

vacation of the premises, by the tenant, the Sikkim Durbar, shall, on receipt of a complaint

from the' evicted tenant let out. premises 'in a standard rent While so letting out the- premises,

the evicted tenant shall be given the first choice, put if he does .not school to re-occupy the

premises within one month of the; receipt of notice' the premises may be let out to any one

else.

I 2., No tenant shall make any additions or alterations to the building, or damage the structure

in any way, save in the' course of ordinary wear and tear, without the approval in writing of the landlord, failing which the landlord shall have the right to evict such tenant.

13. Any person contravening, attempting, or abetting the contravention of. any of the

provisions of this Act ..shall be liable to fine which may extend to Rs. 1000, in default one

month's simple imprisonment.

91

The following Proclamation issued by His Highness the Maharaja of Sikkim is published .for general information:

PROCLAMATION OF HIS HIGHNESS SIR TASHI NAMGYAL

K.C.S.I., K.C.I.E.,

MAHARAJA OF SIKKIM

Dated 30th August, 1956.

I. WHEREAS it is His Highness' s desire that, notwithstanding the continuance of

measures for the protection of the interests of the indigenous people, all duly recognised subjects of Sikkim should be accorded equal treatment.

. AND WHEREAS, hitherto, there has been difference in the rate of land revenue payable by Nepali subjects of Sikkim and subjects of Bhutia and Lepcha origin on- account

of annual services, etc. rendered by the latter.,

HIS HIGHNESS is pleased to proclaim his decision that progressive steps should

be taken to eliminate this difference in such a manner that undue hardship should not be caused to any section of the community,

AND IN PURSUANCE OF the above decision, His Highness is pleased to order that, within 10 years from the date of issue. of this Proclamation, the rates of revenue. should be equalized by five periodical adjustments, the first such adjustment to take effect two years after the issue of this Notification.

2. AND WHEREAS, secondly, it is necessary to give a clear decision regarding the

question of limitation of suits in respect of cases of unauthorised transfer of land by Bhutias and Lepchas to Nepali (i.e. transfer without the written permission of the Sikkim Darbar) .

HIS HIGHNESS is pleased to order. that such unauthorised transfer as may have taken place within the last 2 5 years from the -date of issue of this Proclamation shall be deemed as invalid by the Courts and such land shall revert; on application by the party. concerned, to the original holder on payment of such compensation for. improvement as may be decided by the Court.

AND FURTHER, His Highness is pleased to order- that, no unauthorised transfer

of land (transfer without the written permission of the Sikkim Darbar) by Bhutia and Lepcha Sikkimese to Nepali Sikkimese subsequent to the issue of this Proclamation

shall henceforward be held valid by the Courts irrespective of such laws, rules, regulations and usages regarding limitation of suits as may be applicable' in other cases.

.3. AND WHEREAS, thirdly, His Highness deems fit that the interests of the indigenous and backward people in 'the North Sikkim area require, as hitherto, to be duly safeguarded.

92

HIS HIGHNESS is pleased to order that the rules relating to the settlement and or the carrying on of any occupation in such areas (i.e., North of the line ,formed by the Dick Chhu from the Chola, down the Tista to Ranghap Chhu, up the-Ranghap ,Chhu till it meets the 27' 25 minutes latitude and thence along it to the Western .border of Sikkim). by outsiders (non-indigenous) only on a permit issued by the Sikkim Darbar' shall continue to hold force.

MAHARAJA OF SIKKIM.

N. K RUSTOMJI, Dewan of Sikkim

Sections

7 89 1..1 .

93

SIKKIM MOTOR VEHICLES 'ACT,I957

CONTENTS

CHAPTER I

.PRELIMINARY

I. Short title, extent and commencement

Definitions 2.

CHAPTER II

3. . Power to make rules

CHAPTER III

Licensing of Drivers of Motor Vehicles

.4.

5. 6.

Necessity for driving licence Age limit in connection with driving of motor vehicles Responsibility of owners of motor vehicles for contravention of Sections 4- and 5 Restriction on the holding of licenses Grant of licence Form and contents of licence Extent of validity of licence Currency of licenses Renewal of licenses Revocation of licence on grounds of disease or disability. Orders refusing or revoking licenses and appeals thereon Power of licensing authority to disqualify for holding a licence Power of court to disqualify Effect of disqualification order Endorsement Transfer of endorsement and issue of licence free from endorsement

12,

13.

14.

I5

.

16.

17.

18.

19.

CHAPTER IV

Registration of Motor Vehicles

20. 21.

Necessity of registration Registration how to be made

22.

23.

24

25

'26

.27.

28.

29.

30. 31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52

53

54.

55.

94

Production of vehicle at time of registration

Refusal of registration Effectiveness in India of registration

Change of residence or place of business Transfer of 0wnershi p

Alteration in Motor Vehicle Suspension of registration

Cancellation of registration

Appeal '

Special requirement for registration of transport vehicle. Special particulars to be recorded on registration of

transport vehicle Certificate of fitness of transport 'vehicle

Application of Chapter IV to trailers

CHAPTER V

Control of Transport Vehicles

Necessity of permits. Power to control road transport Transport authorities General provision as to applications for permits Application for stage carriage permit Procedure of transport Authority in considering application for stage' carriage permit Power to restrict the,' number of stage carriages and impose conditions on stage carriage' permits Application for contract carriage permit Procedure of Transport Authority in consideration application for a private carriers permit Power to restrict the number of contract Carriages and impose conditions on contract carriage permits Application for 'private carrier's permit Procedure of Transport Authority in considering application for a private carrier's permit Application for public carrier's permit Procedure of Transport Authority in considering application to public carrier's permit' Power to restrict the number of and attach conditions to public carrier's permit Procedure in applying for and granting permits Duration and renewal of permits General conditions ,attaching to ,all permits Cancellation and suspension of permits Transfer of permit 'on death of holder Temporary permit

56.

57

58.

59 60.

61.

62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80.

81.

95

Validation of permits of the Indian Union in

Sikkim and vice versa Appeals

Restriction of hours of work of drivers Voidance of contracts restrictive of liability

Powers to make rules as to stage carriages and contract carriages

CHAPTER VI

Construction, Equipment and Maintenance of Motor Vehicles

General provision regarding construction and maintenance. .

CHAPTER VII

Control of Traffic

Limits of speed

Limits of weight and limitations on use Power to have vehicle weighed

Power to restrict the use of vehicle Power to erect traffic signs

Parking places and halting station Main roads

Duty to obey traffic signs Signals and signaling devices

Vehicles with left hand control Leaving vehicles in dangerous position

Riding on running board Obstruction of driver

Stationery vehicles Pillion riding

Duty to produce licence and certificate of registration Duty of driver to stop in certain cases

Duty of owner of motor vehicle to give information. Duty of driver in case of accident and injury to a person

Inspection of vehicle involved in accident

CHAPTER .VIII

Insurance of motor vehicles against Third Party Risks

82.

83.

84.

85.

Definitions Necessity for insurance against third party risk

Requirement of policies and limit of liability Duty of insurers to satisfy judgments against persons

insured in respect of risks

86.

87.

88.

89.

90.

91. 92. 93.

,

94. 95.

96. 97.

98.

99. 100.

101.

102.

103.

104.

105.

106.

107.

108.

109.

110. 111.

112. 113.

114.

115.

116.

117.

118.

119 .120 .

120.

96

Rights of third parties against insurers on insolvency of the insured ' Duty to give information as to insurance Settlement between insurers and insured persons Saving in respect of Sections 86, 87 and 88 Insolvency of insured person not to effect liability of insured of claims by third parties Effect of the death on certain causes of action Effect of certificate of insurance Duty to surrender certificate in cancellation ,of policy Duty of insurer to notify registering authority cancellation or suspension of the policy. Production of certificate of insurance Production of certificate of insurance for authority to use vehicle Duty to furnish particulars of vehicle involved in accident Power to appoint persons to investigate and report on accidents

CHAPTER IX

Offences, Penalties and Procedure

General provisions for punishment of offences Disobedience of orders, obstruction and refusal of information Offence relating to licenses Driving at excessive speed Driving recklessly and dangerously Driving while under influence' of drink or drugs Driving when mentally or physically unfit to drive Punishment for abetment of certain offences Racing and trials of speed Using vehicle in unsafe condition Sale of vehicles in or alteration of vehicle to a condition contravening this Act Using of vehicle without permit Driving vehicle exceeding permissible weight

Driving uninsured vehicle .

Taking vehicle without authority Unauthorised interference with vehicle

, Power of arrest without warrant Power of the police officer to impound document . Summarily disposal of cases

Restriction on conviction

CHAPTER X

Miscellaneous

, Publication of commencement of rules

Repeal

97

. THE SCHEDULES.

The First Schedule . The Second Schedule

The Fifth Schedule

Forms . I. Diseases and Disabilities absolutely

disqualifying a person for. obtaining a Licence to drive a motor vehicle

Diseases and disabilities absolutely disqualifying a person for obtaining

a Licence :to drive a.. Public ;service vehicle

Test of competence. to drive ,Authorities entitled, to grant Licence to

drive, and to; Register Motor Vehicle the property of the Government and'

Registration Marks for such vehicle Offences on conviction. of which'

an Endorsement shall be made on the Licence of the person affected

Registration Marks Maximum. Axle 'Weights permissible

for Transport vehicles . Limits of Speed for Motor Vehicles

Traffic Signs Driving Regulations

Signals.

The Third Schedule

The Fourth Schedule

The Sixth Schedule The Seventh Schedule.

The Eighth Schedule

The Ninth Schedule The Tenth Schedule

The Eleventh Schedule.

98

SIKKIM MOTOR VEHICLES ACT, 1957

( Published in the Sikkim Darbar Gazette, March 1959 )

CHAPTER I

s. 1 Short title and commencement:

Preliminary

(i) (ii) (iii)

S. 2. Definition:

This Act may be called the Sikkim Motor Vehicles Act, 1957. It extends to the whole of Sikkim.

It shall come into force on the 1st day of April 1959.

In this Act, unless there is anything repugnant in the subject or context:

(i) "Axle weight" means in relation to an axle of a vehicle the total

weight transmitted by the several wheels attached to that axle to the surface whereon the vehicle rests;,

(ii)

(iii)

"Certificate of registration" means the certificate issued by a competent authority to the effect- that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV

, 'Contract carriage" means a motor vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for

the use of the vehicle as a whole at or for a fixed or agreed rate or sum and from one point to another without stopping to pick, up or set down

along the line of route passengers not included in the contract; and includes a motor cab notwithstanding that the passengers may pay

separate fares

1

Explanation "Contract carriage" does not include a motor vehicle,

possession of which has been temporarily transferred in accordance with

an express agreement of hire for use as a private vehicle and is used in accordance with the terms of such agreement.

(iv)

(v)

(vi)

"Delivery van" means any goods vehicle the registered laden weight of which does not exceed 5000 pounds avoirdupois.

"Driver" includes, where a separate person acts as steersman of a motor

vehicle, that person as well as any other person engaged in the driving of the vehicle.

Fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage;

(vii)

(viii)

(ix).

(x)

(xi)

(xii)

99

"Goods' includes livestock and anything (other than equipment ordinarily used with the vehicle) carried in a vehicle except living person but does not

include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the. personal luggage of passengers travelling in

the vehicle;

"Goods vehicle" means any motor constructed or adapted for use for the carriage of goods or any motor vehicle not so constructed or adapted

when used for the carriage of goods solely or in addition to passengers ;

"Heavy transport vehicle" means a transport vehicle the registered

axle weight of which exceeds 10600 pounds avoirdupois’' or. the

Registered .laden weight of which exceeds 14,5'00 pounds avoirdupois

Invalid Carriage" means a motor vehicle the unladen weight of which doers not ,exceed five hundred weights, specially designed and

constructed and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person;

"Licence" means the document issued by a competent authority authorizing the person specified therein to drive, a motor vehicle or a

motor vehicle of any specified class or description;

"Licensing authority" means an authority empowered to grant licenses, appointed by Sikkim Darbar;

(xiii) "Light transport vehicle" means any Public Service vehicle other than a motor cab, or any goods vehicle other than a heavy transport. vehicle or a

delivery van;

(xiv) "Motor cab" means any motor vehicle constructed, adapted or used to carry not more than six passengers excluding the driver, for hire or reward;

(xv) "Motor car' means any motor vehicle other than a transport vehicle,

locomotive, road-roller. tractor, motor cycle or invalid carriage

"Motor cycle' means a motor vehicle, other than an invalid carriage with less than four wheels the unladen weight of which, inclusive of any

side-car attached to the vehicle, does not exceed 900 pounds avoirdupois;

(xvi)

(xvii) "Motor vehicle" means any mechanically propelled vehicle adapted for

use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to

which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or used solely upon the premises of

the owner;

(xviii)

(xix)

(xx)

(xxi)

(xxii)

. (xxiii)

(xxiv)

(xxv)

(xxvi)

(xxvii)

100

, "Owner' means, where the person in possession of a motor vehicle

.is a minor, the -guardian. Of such minor', and in relation to a .motor

vehicle which is the subject. of a hire purchase agreement, the person in

possession' of' the vehicle' under that agreement;

"Permit" means the document issued by the Transport Authority

. authorizing the Use of a transport vehicle as a contract ;carriage, or

, private carrier or public carrier to use such vehicle

"Prescribed" means prescribed by rules made under this ,Act

.Private' carrier" means an owner of a transport vehicle other than

. public carrier who uses that vehicle solely for' the carriage of good

which are his . property the ,carriage ,of ,which' is necessary for the

purposes -.of his .business not being a-business, of providing transport,

or 'who uses the' vehicle for any, 'of the purposes specified in sub section

(2) of Section 35

"Public carrier" means an owner of a transport, vehicle who transports' or

undertakes to transport goods, or any class of goods, for another 'person

at any time and in any public place for hire or reward whether in

pursuance of the terms of a contract or agreement or otherwise, and

'includes any person, body, association or company engaged in the

business of carrying the goods of person associated with that person,

body, association or company for the purpose of having their goods

transported;

"Public place" means a road, street, way of other place, whether a thoroughfare at not, to which the public have a right of access, and

includes any place or stand at which passengers are picked up or set down by a stage carriage;

"Public service vehicle" means any motor vehicle used or adapted to be

used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage and stage carriage;

"Registered axle weight" means in respect of .any vehicle the axle weight certified and registered by the registering authority as permissible for the vehicle; .

"Registered laden weight" means in respect of any vehicle the total weight of the vehicle and loan. certified and registered by the registering

authority as permissible for the vehicle;

"Registering authority" means an authority empowered to register motor

vehicle under Chapter 'IV ;

101

(xxviii)

(xxix)

(xxx)

(xxxi)

xxxii

(xxxiii)

(xxxiv)

"Stage- carriage" means a motor Thick carrying not adapted to carry

more than six persons including the driver which carries passengers for

hire or reward , separate fares paid by or for individual passengers,

either for the whole journey or for stages of the Journey.

Tractor "means a motor vehicle which is not itself constructed to

carry an. load other than equipment used for the purpose of propulsion the unladen weight, of which does not exceed 16,000 pound avoirdupois but excludes a

road-roller

"Traffic signs" includes all signals, warning signs posts, direction or other

device for the information, guidance or direction of driver of motor vehicles;

"Trailer" mean any vehicle other than a sidecar drawn or intends to be drawn by a motor vehicle;

"Transport vehicle" mean a public service which, good vehicle, a locomotive

.or a tractor other than a locomotive or tractor used solely for agricultural

purposes;

"Unladen weight" means the weight of a hide or trailer -including all equipment ordinarily used with the vehicle or trailer when working, but

excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the

vehicle with the heaviest such alternative part or body;

"Weight" means the total weight transmitted for the time being .by the

wheels of a vehicle to the surface of which the vehicle rests.

'CHAPTER II

S. 3. Power to make Rules:

The Government may make rules for the purpose of carrying into effect the provisions of this Act, as and when necessary.

CHAPTER III

Licensing of drivers of Motor Vehicles .

S 4 Necessity for driving licence:

No person shall drive a motor vehicle. in any public place unless he holds an

effective licence issued to himself authorizing him to' drive the vehicle, and no person shall so drive a motor vehicle as a paid employee or shall so drive a public service

vehicle unless his licence specifically entitles him to so.

102

S. 5. Age limit in connection with driving of motor vehicles:-:

No person under the age of eighteen years shall drive a motor vehicle in any

public place.

S. 6. Responsibility of owners of motor vehicles for contraventions of

Section 4 and 5

No owner or person in-charge of a motor vehicle shall cause or permit any

person who does not satisfy the provisions of Section 4 or Section S to drive the vehicle.

S. 7

No holder of a licence shall permit it to be used by any other person.

Restriction on .the holding of license

S. 8. Grant of Licence:

(i)

(ii)

(iii)

(iv)

,(v)

(vi)

Every application for a licence to drive' motor' vehicle shall' be in the' thumb impression of the applicant in two places and shall contain the information

:required' by the form

Where the. application is. for a licence to drive. a paid employee or to drive a a transport vehicle ;for 'reasons to be stated in writing so . requires, the

application shapplication shall be' accompanied by a Medical Certificate in Form C, as, set the Firforth in the First Schedule, signed by a registered medical practitioner.

Every application for licence to drive. as a paid employee and application for a

licence to drive a transport vehicle shall be accompanied by two clear, copies of recent photograph of the applicant.

If, from the application or form the medical certificate referred to in sub-

section (ii), it appears that the applicant is suffering from any disease or disability specified in, the Second schedule or any other disease or

disability which is likely to cause the driving by him of a motor vehicle of the 'class which. he would be authorised by. the licence applied for to

drive to be a source of danger to the.' public or to issue the licence.

No licence shall be issued to any applicant unless :

(a) He passes to the satisfaction of the licensing authority the test

of competence to drive specified in the Third ,Schedule.

.The test of 'competence to drive shall ,be carried out in . vehicle of the type to

which the. application refer. .and for,. the purposes of Part I of the test

103

(a) a person who passes age test in driving a motor car or a motor cab or a

delivery van shall be deemed to have passed the test for all

of these vehicles;

(b) a person who passes the test in driving a light transport vehicle shall be

deemed also to have passed the test in driving the vehicle referred to in

clause (a) and

(c) a person who passes the test in driving a heavy transport vehicle shall

be deemed to have passed the test in driving any vehicle other than a

motor cycle.

(vii) The fee for a driving licence issued in accordance with the provisions of this Act shall be eight rupees only or any amount fixed by the

competent authority.

9. Form and contents of Licence :

(I) Every licence shall be in Form D as set forth in the First Schedule and shall

have affixed thereto one of the signatures or thumb impressions given on the

form or application for the licence and, in the case of a licence to drive as a paid

employee or to drive a transport vehicle, one of the photographs referred to in subsection

(ii) of Section 8.

(2) A Licence shall specify whether' the holder is entitled to drive as a paid

employee and whether he is entitled to drive a public service vehicle and shall further be

expressed as entitling classes, namely;

(a)

b) (c)

(d) (e)

(f) (g)

(h) (j)

(j)

Motor cycle, Motor Car, Motor Cab, Delivery van, Light transport vehicle, Heavy transport vehicle, Tractor, Road roller, Invalid carriage or Motor vehicle of specified description.

S. 10. Extent of validity of licence:

(I) Subject to any rules made by the Government licence issued under the

foregoing sections shall be effective throughout Sikkim.

(2) Subject, in the case of international driving permits issued. in pursuance of the

international convention relative to motor traffic concluded at Paris on. the 24th

day of April, 1926, or of any convention modifying the same a licence to drive a motor

vehicle issued by a competent authority in any Indian State shall, if the holder is

ordinarily resident in the State in which the licence was issued be valid as if it were

issued under this Act.

104

s. 1 I. Currency of Licenses:,

A .licence issued under the foregoing sections shall, subject, to the provisions

contained in this Act as to the cancellation of licenses and the disqualification of holders of licenses for holding for obtaining licenses, be effective without renewal for a period of twelve

months only from the date of issue of last renewal. S. 1 2. Renewal of Licenses :

(I) The licensing authority may on application made to it renew a licence issued

under. the provisions of this Act.

. (2) An application for the renewal of a licence shall be made in Form B as set

forth in the First Schedule and shall contain the declaration required by that form; provided

that where the applicant does not or is unable to subscribe to the said declaration the

provisions of sub-section 8 (iv) shall apply.

(3) The fee payable for the renewal of a licence shall be three rupees or such

amount as may be fixed by the competent authority if the application for renewal is made

previous to, or not more than fifteen days subsequent to, the date on which the licence is due

to expire and shall be five rupees in any other case, unless the licensing authority is satisfied

that the holder was prevented by good cause from applying for the renewal of the licence

within fifteen days after its expiry.

(4f.When the authority renewing the licence is not the authority which issued

the licence, it shall intimate the fact of renewal to' the authority which issued the licence.

s. 13. Revocation of licence on grounds of disease or disability:

Notwithstanding anything contained in the foregoing sections, a licensing authority may

at any time, revoke a licence issued by it, or may require, as a condition of continuing to hold such licence, the holder thereof to furnish a fresh medical certificate in Form C as set forth in

the First Schedule signed as required by sub-section (ii) of Section 8, if the 'licensing authority has reasonable grounds to believe that the holder of the licence is by virtue of any

disease or disability, unfit to drive a motor vehicle.

s. 14. Orders refusing or revoking licenses and appeals thereon:

(I) Where the licensing authority refuses to issue or revokes 'or refuses to renew

any licence, it shall do so by an order communicated to the applicant or the holder as the case may be, giving the reason in writing for such refusal or revocation.

(2) Any person aggrieved by the refusal of a licensing authority to grant or renew a

licence or by the the revocation of a licence may, within thirty days of the service on him. of the order of such refusal or revocation, appeal to the Dewan of Sikkim, who shall decide

the appeal after giving the licensing authority an opportunity of being heard; and the decision of the ,appellate authority shall be binding on the licensing authority.

(3) The order of a licensing authority shall, unless the appellate authority,

conditionally or unconditionally, directs otherwise, be in force pending the disposal of an

appeal under the foregoing sub-section.

. 2. Upon the issue of any such order a person affected, if he is the holder of licence, shall forthwith surrender his licence to the licensing authority making the

order if the licence has not already been surrendered, and the licensing authority shall

(a) if the license is a licence. issued under this Act, keep it until the disqualification, has ,expired has been removed' or

(b) if it is not a licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued;

(c) ,any person aggrieved by an order made by a licensing authority under this section may, within thirty days or-the receipt of the order, appeal ,to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and make such inquiry into the matter as it thinks fit. An order made by any such appellate authority shall be final.

105

S. I5. Power 'of licensing authority to' disqualify for holding a license

(I) If a licensing authority is satisfied after' giving him an opportunity of being

heard that any person:-

(a) is a habitual criminal or a habitual drunkard, or .

(b) is using or has used a motor vehicle in the commission of a cognizable Offence, or ,

(c) has by has previous conduct as driver of a motor vehicle shown that his

driving is likely to be attended with danger to the public,

it may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding or obtaining a licence.

S. 16. Power of Court to disqualify:

Where a person is convicted of an offence under this Act, or the rules made there under, a Court by which such person is convicted may, subject to the provisions of this Act and the rules made thereunder, in addition to imposing any other punishments authorised by law, declare the person so convicted to be disqualified, suspended or can-celled for such period as the Court may specify, or permanently, for holding any licence for driving. a motor vehicle.

S. 17 Effect of disqualification order:

The operation of the disqualification, suspension or cancellation order made under Section 16 shall not be suspended or postponed while an appeal is pending against such order unless the appellate Court so directs. ' '

S. 18. Endorsements :

(1) The Court or authority making an order of disqualification shall endorse or

cause to be endorsed upon the licence, if any, held the person disqualified particulars

106

of. the order of disqualification and of any conviction of all offences in respect -of .which the order or disqualification is made, and shall also inform the licensing authority of all the details thereof.

(2) A Court by which any person is convicted of an offence specified in the Fifth Schedule shall, whether or not an order of disqualification is .made in respect of. such . conviction, endorse or cause to be endorsed particulars of such conviction on any licence held by the person convicted.

(3) Any person accused of an offence specified in the Fifth Schedule shall when attending the Court bring with him his licence if it is in his possession.

s. I 9 Transfer of endorsement and issue of licence free from endorsement:

(I) An endorsement on any licence shall be transferred to any new or duplicate

licence obtained by the holder thereof until the holder becomes entitled under the pro

,visions of this section to have a licence issued to him free from endorsement.

(2) Where a licence is required to be endorsed and the licence is at the time not

in the possession of the Court or authority by which the endorsement is to be. made then

(a) if the person In respect of whom the endorsement" is to be made is at

the time the holder of a licence, he shall produce the licence to the

Court or authority within five days or such longer time as the Court

or authority may fix or,

(b) if, not being then the holder of a licence, he subsequently obtains a

licence, he shall within five days after obtaining the licence produce it to

the Court or authority; and if the licence is not produced within the time

specified it shall on the expiration of such time be of no effect until it is

produced for the purpose of endorsement.

(3) A person whose licence has been endorsed shall, if during a continuous period of three years since the last endorsement was made no further order of endorsement has

been made against him, be entitled, on surrendering his licence and on payment of a fee of five rupees, to receive a .new licence free from all endorsement. If the endorsement was only

in respect of exceeding a speed limit., he shall be entitled to have a clean licence issued on the expiration of one year from the date of the order: .

Provided that in reckoning the said period of three years and one year respectively, any period during which the said person was disqualified for holding or obtaining a licence shall

be excluded.

(4) When a licence is endorsed by or an order of endorsement is made by any Court, the Court shall send particulars of the endorsement or order, as the' case may be, to

the licensing authority by which the licence was last renewed and to the licensing authority which granted the 'licence.

(s) Where on an appeal against any conviction or order of a Court which has been

endorsed on a licence, the appellate Court varies or sets aside the conviction order ,the appellate Court shall inform the licensing authority by which the license was last renewed and

the licensing authority which granted the licence, and shall amend or cause. to be amended the endorsement of such conviction or order.

107 " CHAPTER 1V

Registration of Motor Vehicles S20 Necessity for Registration

No person shall drive any motor vehicle and no owner of a motor vehicle shall cause

or permit the vehicle to be driven in any public' place or in any other place for the purpose of carrying passengers or goods unless the vehicle is registered in accordance with

the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner.

S. 2 I. Registration how to be made:

(a) An application by or on behalf of the owner of a motor vehicle for registration shall be in Form E as set forth in the First Schedule, shall contain the

information required by that form, and shall be accompanied by the prescribed fee.

(b) The registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in Form G as set forth in the First

Schedule- and shall enter in a record to by kept by it particulars of such certificate.

S. 22. Production of vehicle at time of Registration

The registering authority may before proceeding to register a motor vehicle re quire the person applying for registration of the vehicle to produce the vehicle either before

itself or such authority as the" Government may by order appoint in order that the registering authority may satisfy itself that the particulars contained in the application are

true and that the vehicle complies with the requirements of Chapter VI and of the rules made thereunder. S. 2 3 Refusal of "Registration .

The registering authority may refuse to register any motor vehicle if the vehicle is

mechanically defective or fails to comply with the requirements of Chapter VI or of the rules made under this Act, or if the applicant fails to furnish the particulars of any

previous registration of the vehicle and it shall furnish the applicant whose vehicle is re-fused registration with the reasons in writing for' such refusal.

. S. 24-. Effectiveness in India 'of Registration :

(I) A motor vehicle registered in accordance with this Chapter in Sikkim shall be required to be registered elsewhere in India and certificate of registration issued or in

force under this Act in respect of such vehicle shall be effective in India and similarly the ones issued in the Indian Union shall be valid in Sikkim. as per existing reciprocal arrange-

ments.

108

(2) Subject, in the case of international motor vehicle certificates issued in pursuance

of the international Convention relative to Motor traffic concluded at Paris on the 24th day of April, 1926, or to any rules made by the Government a motor vehicle registered by a

competent authority in any Indian State or in the Portuguese Settlements bounded by India shall not require to be registered in Sikkim.

s. 25. Change of residence or place of business:

(I) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days

of any such change of address, intimate his new address to the registering authority.

(2) Nothing in sub-section (I) shall apply where the change of the address recorded

in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor- removed from the address

recorded in the certificate of registration.

s. 26. Transfer .of ownership:

(I) Within thirty days of the transfer of ownership of any motor vehicle registered under this Chapter; the transferee shall report- the transfer to the registering authority and shall forward the certificate of registration to the registering authority together with the prescribed fee in order that particulars of the transfer of ownership may be entered therein.

s. 27. Alteration in motor vehicle:

(29) If a motor vehicle is so altered that the particulars contained in the certificate of registration are no longer accurate, the owner of the vehicle shall, within fourteen days of the

making of any such alteration report the alteration to the registering authority and shall forward the certificate of registration to that registering authority together with the prescribed

fee in order that particulars of the alteration may be entered therein: .. Provided that it shall be necessary to report any change in the unladen weight of the

motor vehicle consequent on the addition or removal of fittings or accessories, if such change does not exceed two percent of the weight entered in the certificate of registration.

s. 28. Suspension of Registration :

(I) The registering authority or other prescribed authority which has reason to

believe that any motor vehicle is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with requirements of Chapter VI or

of the rules made thereunder. may after giving the owner an opportunity of making any representation he may wish to make, for reasons to be recorded in writing, suspend the

certificate of registration of the vehicle until the defects are remedied to its satisfaction.

109

~ (2) An authority other than a registering authority shall, when making a suspension order under sub-section (I), intimate in writing the fact. of suspension and the

reasons therefore to the registering authority. . . ,

(3) . Where- the registration of a motor vehicle has been suspended under sub-

section (i), for ,a period of not less than six months the registering authority may cancel it forthwith.

(4) The owner of a motor vehicle shall, on the demand of a registering authority

or other prescribed authority which has suspended the certificate of . registration -of

the' vehicle under this section, surrender the certificate' of registration and any. token or card issued to authorize the use of the vehicle in a public place.

(5) A certificate of registration and any token or card surrendered under subsection

(4) shall be returned to the owner when the order suspending registration has been rescinded and not before.

S. 29. Cancellation of Registration:

(I) If a motor vehicle has been destroyed or' has been. rendered permanently

incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority and shall forward to that authority the certificate of re-

gistration of the vehicle together with any token or card issued to authorize the use of the

vehicle in a public place. (2) The registering authority shall, cancel the registration . and the certificate of

registration.

(3) The registering authority may order the examination of a motor vehicle

by such authority as the Government may by order appoint and, if upon such examination

and after giving the owner an opportunity, to make any representation he may wish to

make it, is satisfied that the vehicle is in such a condition that its use is a public place

would constitute a danger to the public and that it. is beyond reasonable repair, may

cancel the registration of the vehicle. .

(4) If the registering authority is satisfied that a motor vehicle has been permanently removed out of Sikkim, the registering authority 'shall cancel the registration

(5) The registering authority canceling the registration of a motor 'vehicle under

Section 218 or under this Section shall communicate the fact in writing to the owner of

the vehicle and the owner of the vehicle shall forthwith surrender to the authority, the

certificate of registration of the vehicle and any token or card issued to authorize the use

of the vehicle in public place..

S. 30. Appeal :

(I) Any owner of .a motor vehicle aggrieved by an order of refusal under Section 23 to register a motor vehicle or under sub-section (I) of Section 33 to issue a certificate of fitness or by an order of suspension or cancellation made under Section

110

28 or 29 or by an order of cancellation under sub-section (3) of Section 33 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority. .

(2) The appellate authority shall give notice of the appeal to. the original authority. and after giving opportunity to the original authority and the appellant to be heard either personally or by. pleader in the appeal, pass such orders as it thinks fit;

Provided that orders of the original authority shall remain in force pending the disposal of the appeal unless the appellate authority otherwise directs.

S.. 3 I. Special requirement for Registration of Transport vehicle :

(I) The registering authority shall refuse to register any. transport vehicle other than a motor cab, unless the application for registration is accompanied by a document in Form F

as set forth in the First Schedule signed by the maker of the vehicle or an assembler duly authorised by the maker in this behalf stating the greatest laden weight and greatest axle

weights for which the vehicle is and the several axles are designed:

Provided that nothing in this sub-section shall apply to any application for the

registration of a transport vehicle already registered under any enactment in force at the commencement of this Act.

(2) Where a transport vehicle or chassis, as the case may be, has affixed to it a metal plate, bearing the stamp of the maker or assembler and identified as appertaining to the particular vehicle or chassis to which it is attached, which contains the particulars spe-cified in. sub-section (I), that plate may at the discretion of a registering authority be deemed to be the document referred to in sub-section ( I). .

S. 32. Special particulars to be recorded on Registration of Transport vehicle

(I) The registering authority, when registering a transport vehicle other than a

motor cab, shall enter in the record of registration and shall also enter in the certificate of

registration of the vehicle the following particulars, namely

(a) the unladen weight of the vehicle;

(b) . the number, nature and size of the tyres attached to each wheel;

(c) the registered laden weight of the vehicle and the registered axle

weights pertaining to the several axles thereof, fixed in. accordance with

sub-section (2) with reference to the particulars of the tyres . entered in

the certificate of the registration; and

(d) if the vehicle issued or adapted to be used for the carriage of passengers

solely or in addition to goods, the number of passengers for whom

accommodation is provided,

And the owner of the vehicle shall have the said particulars exhibited in the pres-

cribed manner on the vehicle:

111

(2), Notwithstanding any statement contained in the document referred to in sub-section (I) of Section 3 I as supplied by the maker or assembler of a transport vehicle, the registered weight to be recorded by the registering authority for any axle shall not exceed the permissible weight for that axle calculated in accordance with the Seventh Schedule, nor shall the registered laden weight of the vehicle exceed the sum of the several .axle weights as so determined: .

.Provided that where it appears to the Government that heavier weights than those' .

specified in the Seventh Schedule may be permitted in a particular. locality for vehicles of a particular type, the. Government may, by notification in the Official Gazette, direct that the

provisions of this sub-section shall apply with such modifications as may be specified in the Rules.

(3) . When by reason of an alteration in the number, nature or size of tyres

attached to the vehicle, the registered laden weight of any registered axle weight recorded

in the certificate of registration no longer accords with the laden weight or the axle weight

as determined in accordance with sub-section (2) the provisions of Section 72 shall apply, and the registering authority shall enter in the certificate of registration a revised registered

laden weight and registered axle weights,.

S. 33- Certificate of fitness of transport vehicle:

(I) A transport vehicle shall not be deemed to be validly registered for the purpose of Section 20 unless it carries a certificate 'Of fitness in Form H as set forth in the

First Schedule, issued by the prescribed authority, 'to the effect that the vehicle complied for the time being with all the requirements of Chapter VI and the rules made under this

Act. Where the prescribed authority refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.

(2) Subject. to the provisions of sub-section (3) a certificate of fitness shall remain

effective for three months unless a shorter period, is specified in the certificate by the

prescribed authority.

(3) The issuing authority or other prescribed authority may, for reasons to be

recorded in writing, cancel a certificate of fitness at- any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made

thereunder; and on such cancellation, the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be

suspended until a new certificate of fitness has been obtained.

s. 34. Application of Chapter IV to trailers:

(I) The registration make assigned to a trailer shall be displayed in the prescribed

manner on the side of the vehicle.

(2) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed in the prescribed manner on the trailer or on the last trailer in the train, as the case may be.

35

(c)

(d)

112

CHAPTER V

S

Control of Transport Vehicles

Necessity of Permits :

(I) No Owner of a transport vehicle shall use or permit the use of the vehicle in any public place, Save in accordance ,with the conditions of a permit granted or counter signed in the Transport Authority authorizing the use of the vehicle by that place in the 'manner in which the 'vehicle is being used

Provided that a stage carriage permit shall subject to any conditions that 'may, be

specified in the permit, authorize' the use of the vehicle as a contract carriage

Provided further that a stage carriage' permit may, subject to any conditions that may be specified in .the permit, authorize the use of the vehicle as a goods vehicle either

when carrying passengers or not.

(2) The carriage of goods in a transport vehicle by a manufacturer of 'or dealer in such goods whilst the vehicle is being used for demonstration purposes, shall not be

deemed to constitute a carrying of the goods for hire or regard; but the carriage in a transport vehicle of goods by a person not being a dealer in such goods who has acquired

temporary ownership of goods for the purpose of transporting them to another place and there relinquishing ownership shall be deemed to constitute a carrying of the goods for

hire or reward.

to any transport vehicle owned by or on behalf of the Government;

to any transport vehicle used for towing disabled vehicle or for

removing goods from a disabled vehicle to a place of safety,

to any transport vehicle used for any other public purpose

prescribed in this behalf;

subject to any prescribed conditions, to any transport vehicle owned

by the Government of India used for Government purpose

unconnected with any commercial enterprise, or

to any trailer used for any purpose other than' the carriage of

goods for hire or reward when drawn by a motor vehicle

constructed the carriage of not more than six passengers

excluding the . drivers. ..

(3) Sub-section (I) shall not apply:

(a)

(b)

(e)

S 36. Power to control road transport:

(I) The Government having regard. to:- (a)the advantages offered to the public, trade and industry by the,

development of motor transport, and

(b)

(c)

(d)

(e)

f)

113

the desirability of co-ordination road and rail transport and the

desirability of preventing the deterioration of the road system

and

the desirability of preventing uneconomical competition among motor

vehicles, and after having heard the representative of the interests

affected, may by notification in the 0fficial Gazette,

Prohibit or restrict throughout Sikkim or in any area or on any

route within Sikkim, subject such conditions as 'it may think

desirable, the conveying of goods traffic generally, or of prescribed

classes of goods, by private or public carriers; or

fix maximum or minimum fares or freights for stage carriage and

public carriers to be applicable throughout Sikkim or within any

area or on any route within Sikkim.

S. 37. Transport authorities

(I) The Government shall, by notification in the official Gazette, constitute

for Sikkim a Sikkim Transport Authority to exercise and discharge, throughout

Sikkim,' the powers and functions conferred by or-under this Chapter on such

Authority.

(2) The Transport Authority shall consist of such number of officials and non

officials as the Government may think fit to appoint; but no person who has any

financial interest whether as proprietor or employee or otherwise in any transport

undertaking shall be appointed as or continue as a member of a Transport

Authority, and, if any person being a member of any such Authority, acquires a

financial interest in any transport undertaking, he shall within four weeks of so

doing give notice in writing to the Government of the acquisition of .such interest

and shall vacate office.

(3) The Sikkim Transport Authority if authorised in this behalf by rules made

under this Act, may delegate such of its powers and functions to such authority or

person and subject to such restrictions, limitations and conditions as maybe

prescribed by the said rules

saes. S. 38. General provision as to applications for permits:

Every application for a permit shall be made to the Transport Authority.

S. 39 Application for stage carriage permit:

An application for a permit to use a motor vehicle' as a stage carriage in 'this

Chapter referred to as a stage carriage permit, shall contain the following particulars,

namely:

(a) the type and seating capacity of the vehicle in respect of which

the application is made;

the route or routes on which or the area within which it is intended

to use the vehicle;

the time table, if any, of the service to be provided; and

(b)

(c)

(d)

114

such other matters as may be prescribed.

S. 40 Procedure of Transport Authority in considering application for stage carriage permit

The Transport Authority shall, in deciding whether to grant or refuse a stage carriage permit, have regard to the following matters, namely:

(a)

(b)

(c)

the interest of the public generally;

the advantages to the public of the service to be provided, including

the saving of ,time likely to be effected thereby and any convenience

arising from journeys not being broken

the adequacy of existing road passenger transport services between

the places to be served, the fares charged by those services and the

effect upon those services proposed;

the benefit to any particular locality or localities likely to be afforded

by the service;

the operation by the applicant of other transport services and in

particular of unremunerative service in conjunction with remunerative.

services; and

the condition of the roads included in the proposed route or

routes; and shall also take into consideration any representation

made by persons already providing road transport facilities along

route or routes or by any local authority or police authority

within whose jurisdiction any part of the proposed route or routes

lies or by any association interested in the provision of road

transport facilities. A permission may then be granted.

(2) The Transport Authority shall refuse to grant a stage carriage permit if it

appears from any time table furnished that the provisions of this Act relating to

the speed at which vehicle may be driven are likely to be contravened: .

Provided that before such refusal an opportunity shall be given to the applicant to

amend the time table so as to conform to the said provision.

S 41.

(b)

(c)

(d)

(e)

(f)

Power to restrict the number of stage carriages & impose conditions on

stage carriage permits

The Transport Authority may, after consideration of the matters so forth in

sub-section (I) of Section 40:-.

(a) limit the number of stage carriages in respect of which stage carriage

permits may be granted for a specified route or for, a specified area

limit the use of specified routes to stage carriages of a particular type

or design

issue a stage carriage permit in respect of a particular stage carriage or

a particular service of stage carriages

(iii)

(d)

~

115

(e)

regulate .,timings of arrival or departure : of stage' carriages whether they belong to a single -or .more owners or

attach to a stage carriage permit any prescribed condition or any one or more of the following conditions,. namely-

that the service specified in the permit shall be commenced not -later than a specified date and be continued for a specified period;

that the service 'may be varied only in accordance with specified conditions ;

that ,copies of the fare table and time-table shall be exhibited on the stage carriage and that the fare-table and time, tables so exhibited shall be observed.

(i)

(ii)

(iv) , that not more ,than a specified number ,off . passengers and not more than specified amount of luggage shall be carried on any specified, vehicle at anyone time; , '

that within municipal limits and in such other areas and places as may be prescribed passengers shall not be taken up or set down at specified, points or,

that tickets shall be, issued the passengers ‘for the fares paid.

(v)

(vi)

S. 42. Application for contract-carriage permit:

An application for a permit to use a motor vehicle as a contract carriage (in this

Chapter referred to' as a contract carriage permit) shall contain' the following particulars,

namely:

the type and seating capacity of the vehicle

the area for which the permit is required;

in .the case of a motor vehicle other than a motor cab, the manner in which it is claimed that the' public convenience will be served by the vehicle; and

(d) any other particulars which may- be prescribed.

(a)

(b)

(c)

S. 43. Procedure of Transport Authority in considering application for .contract carriage permit:

(a) The Transport Authority shall in deciding whether to grant or-refuse

a contract carriage permit, have regard to the extent to which additional contract carriage may be necessary or desirable in the public' interest, and

shall also take into consideration any representations which may then be made or which may previously have been made by persons,

already holding contract carriage permits in Sikkim by ,any local authority or police authority in Sikkim; to the effect that the number of contract

carriage for which permits have already been granted is sufficient for or in excess of the needs.

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s. 44. Power to restrict the number of contract carriages and impose conditions on contract carriage permits:

The Transport Authority may, after consideration of the matters set forth in Section

43 :

(a) limit the number of contract carriages generally or contract carriage

of any specified type for which contract carriage permits may be granted in

Sikkim;

(b) fix in the case of motor cabs the fares which may be charged;

(c) require that every motor cab shall carry a copy of the fare-table for ins-

pection by passengers;

(d) require that any motor cab shall be fitted with a taxi meter; or

(e) impose on the use of a contract carriage any other condition which

may be prescribed.

s. 45 Application for private carrier's permit:

(I) An application for a permit to use a transport vehicle for the carriage of goods

for or in connection with a trade or business carried on by the applicant (in this Chapter

referred to as a private carrier's permit) shall contain the following particulars, namely:

(a) the type and carrying capacity of the vehicle;

(b) the nature of the goods which the applicant expects normally to carry

in connection with his trade or business; .

(c) the area for which the permit is required; and

(d) any other particular which may be prescribed.

s. 46. Procedure of Transport Authority in considering

a private carrier's permit:

. (1) The Transport Authority shall, in deciding whether to grant or refuse a private

carrier's permit, have regard to the condition of the roads to be used by the vehicle or vehicles in respect of which the application is made, and shall satisfy itself that the

vehicle or vehicles for which the permit is required will not be used except in connection with the business of the applicant.

(2) The Transport Authority may in granting a private carrier's permit impose

conditions to be specified in the permit relating to the description of goods which may be

carried, or the area in which the permit shall be valid, or the maximum laden weight and axle

weights of any vehicle used.

(3) If the applicant is the holder of a private carriers permit which has been revoked, the Transport Authority may at its discretion notwithstanding anything contained in

sub-section (1) refuse' the application.

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S. 47 Application for public carriers permit

An application for a permit to use a motor vehicle for the carriage of goods for hire or

reward (in this Chapter. referred to as a public carriers permit)-shall contain the following

particulars, namely:

. (a) the routes on which or the area in which it is, intended to use the

vehicle

(b) the 'type and carrying capacity of the vehicle

(c) the manner in which it is claimed that a public need will be served by the vehicle

(d) such particulars as the Transport Authority may require with respect to any business as a carrier of goods for hire or reward carried on by

the applicant at any time before the making of the application; and of the rates charged by the applicant.

(e) particulars of any agreement or arrangement, affecting in any material respect the provision of facilities for the transport of goods for hire or

reward, entered into by the applicant with any other person by whom such facilities are provided, whether within or outside Sikkim; and

(f) any other particulars which may be prescribed.

S. 48. Procedure of Transport Authority in considering application for

public carrier's permit :

The Transport Authority shall, in deciding whether to grant or refuse public carriers permit, have regard to the following matters, namely :

(a) the interests of the public generally;

(b) the advantages to the public of the service to be provided and the

convenience afforded to the public by the provision of such service;

(c) the adequacy of existing road transport services for the carriage of

goods upon the routes or within the area to be served and the effect upon those services of the service proposed;

(d) the benefit of any particular locality or localities likely to be afforded

by the service;

(e) the need for providing for occasions when vehicles are withdrawn

. from service for overhaul or repair; and

(f) the condition of the roads included in the proposed routes or area;, and shall also take into consideration any representations made ,by persons already

providing road transport facilities along or near to the proposed route or routes or by any local authority within whose jurisdiction any part of the

proposed route or routes lies

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s. 49. . Power to restrict-the number. of and attach conditions to public

carrier's permits :

I . The 'Transport Authority. may, after consideration of the matters set

forth, in Section 48 :

(a) limit the number of transport vehicles or transport vehicles of any specified

type for which public carrier's permits may be granted in Sikkim or in any specified area or on any specified routes within Sikkim; or

(b) attach to a public carrier's permit all or any of the following conditions,

namely :

(i) that the vehicle shall be used only on specified routes or in a specified

area;

(ii) that the laden weight and the axle weights of any vehicle used shall not exceed a specified maximum;

(iii) that such records as may be prescribed. relating to the plying of the . vehicle shall. be maintained, and

(iv) any other prescribed condition appropriate. to the. service to be pro- vided by the vehicle which the Transport Authority thinks proper to impose in

the. public interest or with a view to. .prevent uneconomic competition between road transport services. ..

s. 50. Procedure in applying for & granting permits:

(I) An application for a contract carriage permit or a private carrier's permit may be made at any time.

(2) An application for a stage carriage permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect, or, if the

Transport Authority appoints dates for the receipt of such applications, on such dates.

(3) On receipt of an application for a stage carriage permit, the Transport Authority

shall make the application available for inspection at the officer of the Authority and shall publish the application or the substance thereof in the prescribed manner together,

with a notice of the date before which representations in connection therewith may be submitted and the date, not being less than thirty days from such publication, on which,

and the time and place at which, the application and any representations received will be considered.

(4) No representation in connection with an application referred to in sub. section.

(3) shall be considered by the Transport Authority unless it is made in writing before the appointed date and unless a copy thereof is furnished simultaneously to the applicant by

the person making such representation.

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(5)When any representation such as is referred. to in subsection (.3) is made. the Transport Authority ,shall dispose -of the application' at ,a public' hearing at which the applicant and the person making .the representation shall ,have another opportunity of being heard either in person or, by a duly authorised, representative. .

(6) When any representation has been made by the person or authorities referred to in Section 43 to. the effect that the number of contract carriages for which permits have already been granted in Sikkim is sufficient for or in excess of the needs whether such representing is ,made in connection with a particular application for the grant of a contract -carriage permit or otherwise, the Transport authority may take any such steps ,as it considers appropriate far the hearing of the representation in the presence of any person likely to. be affected thereby.

(7) When the Transport Authority refuses an application far a permit of any kind, it

shall give to. the applicant. in writing its reasons far the refusal.

S. 51 Duration & renewal of permits :

(I) A permit other than a temporary permit issued: under Section 55 shall be' effective without renewal far the period of one year.

S. 52. General conditions attaching to all permits:

(I) Save as provided in Section 54, a permit shall not be transferable from one

person to another except with the permission of the Transport Authority which granted the

permit and shall not without such permission to -operate to ,confer on any person to whom a vehicle covered by the permit 'is transferred any' right to use-that vehicle in the manner

authorised by the permit.

(2) The holder of a- permit may, with the permission of the authority by which

the permit was granted, replace by another vehicle' of the' same nature and

capacity any vehicle covered by the permit. .

(3) The following shall be conditions of every permit:

(a) that the vehicle or vehicles to. which the permit relate are at all time so. maintained as to Comply with the requirements of Chapter VI and

the rules made under this .Act

(b) that the vehicle or vehicles to which the -permit relates are not driven at a speed exceeding the speed lawful under this ,Act

(c) that any prohibition or restriction imposed and - any maximum or

minimum fares or freights fixed by notification made , under Section 3 6

are observed in connection with any vehicle or vehicles to. which the permit relates

(d) that the vehicle or vehicles to which the -permit relates are not driven in contravention of the provisions of section 63

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(e) that the provisions of this Act limiting the hours of work of drivers are

observed in connection with any vehicle or vehicles to which the permit relates; and

(f) that the provisions of Chapter VIII so for as they apply to the holder of the permit are observed. '

S. 53 Cancellation. suspension of permits

(I) The Transport Authority which granted a permit 'may 'cancel the permit or may suspend it for such period as it thinks fit:,

(a) on the breach of any condition specified in sub-sec tion (3) of Section

52 or of any condition contained in the permit, or (b) if the holder of the permit uses or causes or allows a vehicle to be used

in any manner not authorised by the permit, or (c) if the holder of the permit ceases to possess the vehicle or vehicles

. covered by the permit, or . (d) if the holder of the permit has obtained the permit by fraud or

misrepresentation:

Provided that no permit shall be cancelled unless an opportunity has been given

to the holder ,of the permit to. submit his. explanation

(I') . Where a Transport Authority conceals or 'suspends a permit it shall give to

the ;holder in writing its reasons for the revocation or suspension.

s. 54. . Transfer of permit on death of holder :

(I) Where the holder of a permit dies, .the person succeeding to the possession

of the vehicle covered by the permit may, for' a period of three months, use the permit as. if it 'had been granted to himself:

Provided that such person has within 30 days of the death of the holder, informed the Transport authority which granted the permit on the death of the holder and of

his own intention to use the permit:

Provided further that no permit shall be so used after the date on which it would

have ceased to be effective without renewal in the hands of the deceased holder.

(2). The Transport Authority may, on application made to it within three months

of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit.

s. 55. 'Temporary permit

(I) the Transport Authority may, at its discretion and without following the

procedure laid down in Section so', grant permits, to be effective for a limit period

not in any case to' exceed three months, to authorize the use of a transport vehicle

temporarily

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(a) .for the conveyance of passengers on special occasions such as to and

from fairs and religious gatherings or

(b) for the purpose of a seasonal business

(c)or meet a particular temporary need and may attach to any such permit

any condition it thinks fit .

.

S56 Validation of permits of the Indian Union in Sikkim and vice versa

The validation of the permits issued in India is, in Sikkim and the ones issued in

Sikkim, in India would be governed by reciprocal arrangements' between the two

Governments .

S57. Appeals

Any person

(a) aggrieved by the refusal of the Sikkim Transport Authority to grant

a permit, or by any. condition attached to a permit' granted to him,

or

(b) aggrieved by the revocation or suspension of the permit 'or by :any

variation of the Conditions thereof, or .

(c) aggrieved by the refusal to transfer the permit to the person succeeding

on the -death of the holder of a permit, or

,(d) aggrieved by the refusal of the Transport Authority to countersign

a permit, or by any condition attached to such countersignature, or .

(f) being a local police .authority. or an association which, or a person

providing transport facilities who, having opposed the -grant of permit,

'is aggrieved by the grant thereof or by any' condition attached thereto,

or

(g). being the holder of a licence, who is aggrieved by the refusal of a Trans

port Authority to grant an authorization to drive a Public Service

Vehicle, may, within the prescribed time and in the prescribed manner,

appeal to the prescribed. Authority who shall give such person and the

original authority an opportunity of being heard.

S 58. Restriction of hours of work of drivers

(I) . No person shah cause or allow any person who is employed by him for the

purpose of driving a transport vehicle or who is subject to his control for such purpose to

'work :

(a) for more than five hours before he has had an interval of rest of at least

half an hour. or

(b) for more than nine hours in one year or

(c) for more than fifty-four hours in the week.

122 (2) The Government may grant such .exemptions from . the provisions of ,sub. section (I) as it thinks fit, to meet cases of emergency of delays by reason of . circumstances which could not be foreseen. .

(3) The Government may require persons employing any persons whose work is subject to any of the provisions sub-section (I) to fix beforehand the hours of work

of such persons so as to conform with those provisions, and may provide for the recording of the hours so fixed.

(.4.) No person shall work or shall cause or allow any other persons to work out

side the hours fixed or recorded for the work of such persons in compliance with

any rule made under sub-section (3).

(5) The Government may prescribe the circumstances under which any period

during which the driver of a vehicle although not engaged in work is required to remain on

or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (I):

s. 59. Voidance of contracts restrictive of liability:

Any contract for the conveyance of a passenger in a stage carriage or contract

carriage, in respect of which a permit has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made

against that person in respect of the death of, or bodily injury to the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with

respect to the enforcement of any such liability, be void.

s. 60. Powers to make rules as to stage carriage and contract carriages:

(I) The Government may make rules to regulate, in respect of stage carriages

and contract carriages:-

(a) The conduct of persons licensed to act as driven of, and the licensing of

and the conduct of conductors of, such vehicles when acting as such,

and

(b) the conduct of passengers in such vehicles.

(2) Without prejudice to the generality of the foregoing provisions, such

rules may:

(a) Authorize the removal from such vehicle or any person infringing the rules

by the driver or conductor of the .vehicle, or, on the request of the driver

or conductor or any passenger, by any Police Officer;

(b) require a passenger who is reasonably suspected by the driver, conductor

of contravening the rules to give his name and address to a Police Officer

or to the driver conductor on demand;

(c) require a passenger to declare, if so requested by the driver or conductor

the journey he intends to take or has taken in the vehicle and to pay the

fare for the whole of such journey and to accept any ticket provided

therefor;

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(d) require, on demand being made for the purpose by the driver or conductor.

or other person. authorised by the owner of the vehicle, production during

the journey and surrender at the end of the journey by the holder thereof of

any ticket issued 'to him;

(e) require a passenger. if so, requested by the driver or conductor to leave the

vehicle on the completion of the journey the fare for which he

has paid;

(f) require the surrender by the ,holder thereof on the expiry 'of the period

for which it is issued of a ticket issued to him;

(g) require the maintenance of complaint books in stage carriage and prescribe

the conditions under which passenger' can record any complaints

in the same.

CHAPTER VI

Construction Equipment and maintenance of Motor Vehicles.

S 61. General provision regarding 'construction and maintenance: Every motor vehicle shall be so constructed and so maintained as to be at all

under the effective control of the person driving the vehicle.

1 ( 61A. (I)The State Government may, by order published in the Official Gazette

specify the person or class of persons or a motor vehicle or class of

motor vehicles who or, which, as the case may be, shall be entitled to

use are light on the top of motor, vehicle subject to such conditions

and restrictions -as may be specified in the order.

Whoever contravenes the, provisions of any order made under sub

section (I), shall be punished

(a) on first conviction, with a fine which may extend to rupees five

hundred; and .

(b) on the second and subsequent conviction; with a fine which may extend

to rupees one thousand.

(3) Where the person who contravenes the provisions of any order made under

sub-section (I), is a Government servant, he may, in addition to the

punishment specified in sub-section (2) be also liable to disciplinary

action under the provisions of the relevant Conduct rules applicable to

him as a Government servant.

Every offence under this section shall ,be cognizable and shall be tried

summarily.

(2)

(4)

CHAPTER VII

Control of Traffic S. 62. Limits of speed:

([ ) No person shall drive a motor vehicle or cause or allow a motor vehicle to be

driven in any public place at a speed exceeding the maximum speed fixed for the vehicle

by or under this Act or under any law for the time being in force: Provided that such

maximum speed shall in no case exceed the maximum fixed for the vehicle in the Eighth

Schedule.

I. Inserted by the Sikkim Motor Vehicles (Amendment) Act No: 6 of 1982 w. e f. 16.4.

1982.

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(1) The Government or any authority authorised in this. behalf by the Govern-ment' if satisfied that it is necessary to restrict the speed of motor vehicles in the interests

,of public safety or convenience or because of the nature of any road or bridge, by notification in the Official, Gazette, fix such maximum speed limits as it thinks fit for motor

vehicles to which a trailer is attached, either 'generally or in a particular area or on a particular road or roads,

s. 63. Limits of weight & limitations on use:

(I) The Government may prescribe conditions for the issue of permits for heavy

transport 'vehicles by the Transport Authorities and may prohibit or restrict the use

of such vehicles in any area or route: ,

Provided that any permit issued before the commencement of this Act may be

continued or renewed by the competent Authority for a period not exceeding one year

under the conditions upon which the permit was originally issued, unless .the Government

directs otherwise,

(2) Except as may be otherwise prescribed, no person shall drive or cause or allow

to be driven in any public place motor vehicle which is not fitted with pneumatic tyres.

(3) No person shall drive or cause or allow to be driven in any public place any

motor vehicle or trailer

the unladen weight of which exceeds the unladen weight specified

in the certificate of registration of the vehicle, or

the laden weight or which exceeds the registered laden weight

specified in the certificate of registration or any axle weight of

which exceeds the maximum axle weight specified for that axle in

the certificate of registration.

(4) Where the driver or person in charge of a motor vehicle or trailer driven in

contravention of sub. section (2) or clause (a) sub-section (3) is not the owner, a Court may

presume that the offence was committed with the knowledge of or under the

orders of ,the owner of motor vehicle or trailer. '

(a)

(b)

S. 64 Power to have vehicle weighed:

, Any person authorised in this behalf by the Government may, if he has reason to

believe that a goods vehicle or 'trailer .is being used in contravention of Section 63, require the driver to convey the vehicle to a weighing device, if any, within a distance ,of five miles

from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of Section 6 3 regarding weight,

he can, by order in Writing, direct the driver- to convey the vehicle or trailer to the nearest place to be specified in the notice, where facilities exist for the storage of goods -and not to

remove the vehicle or trailer from that place until the laden weight or axle weight has been reduced or the vehicle has otherwise been treated so that i complaint’s with Section 63.

.. --

125

S. 65 Power to restrict the use of vehicle:

The Government or any authority authorised in this behalf by the Government, if

satisfied that it is necessary in the interest of public safety or convenience, or, because of the nature of any road or bridge, may, by notification in the Official Gazette, prohibit or

restrict, subject to such exceptions and condition as may be specified in the notification, the driving of motor vehicle or any specified class of motor vehicles or the use of trailers

either generally in a specified area or a specified road. .

S. 66. Power to erect traffic signs:

(I) Th6 Government or any authority authorised in this behalf by the Government

may cause or permit traffic signs to be placed or erected in any public place for the purpose of regulating motor vehicle traffic.

(2) Traffic signs erected under sub-section (I) for any purpose for which' provision is made in the Ninth Schedule shall be of the size, colors and type and shall have the

meanings set forth in the Ninth Schedule, but the Government or authority empowered in this behalf of the Government may make or authorize .the addition to any

sign set forth in the said Schedule of transcriptions of the words, letters or figures thereon in such script as the Government may think fit, provided that the transcription shall be of

similar size and colors to the words, letters or figures set forth in the Ninth Schedule.

(3) Except as provided by sub-section (I) no traffic sign shall, after the comm-

encement of this Act, be placed or erected oil. or near any road; but all traffic signs erected prior to the commencement of this Act by any competent authority shall for the

purposes of this Act he deemed to be traffic signs erected under the provisions of sub-section (I) .

(4) The Government may, by notification in the Official Gazette, empower the Secretary, Sikkim Transport Authority, to remove or cause to he removed any sigh or

advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic

sign as to be misleading.

S. 67. Parking places & halting Station:

The Government or any authority .authorised in this behalf by the Government

may, determine places at which motor vehicles may stand either indefinitely or for a

specified period of time and may determine the places at which. public service vehicles may stop for a longer time than is necessary for the taking up and

setting down of passengers.

S. 68. Main roads:

The Government or any authority authorised in this behalf by the Government

may, by notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Ninth Schedule, designate certain

roads as main roads for the purposes of the regulations contained in the Tenth Schedule.

126

s. 69. Duty to obey traffic signs : .

Every driver of a motor vehicle shall drive the vehicle in conformity’ with any indication given by a traffic sign included in Part A of the Ninth Schedule and in conformity

with the driving regulations set forth in the Tenth Schedule, and shall comply with all directions given to him by' any police officer for the time being engaged in the regulation of

traffic in. any public place.

s.70 7°. Signals & signaling devices: The driver ,of a motor vehicle shall on the occasions specified in the Eleventh Schedule make the signals specified therein:

, Provided that the signal of an intention to turn to the right or left or to stop

may be given by a mechanical or an electrical device of a prescribed nature affixed to

the. vehicle .

s.71 Vehicles with left hand control

No person shall drive or cause or allow to be driven in any public place any

motor vehicle with a left hand steering control unless it is equipped with a

mechanical signaling device of a prescribed nature and in working order.

S 72. Leaving vehicles in dangerous position:

, No person in charge of a motor vehicle, shall cause or allow the vehicle or any trailer

to remain at rest on any road in such a position or in such a condition or in such circumstances as to cause or be likely to cause danger, obstruction or under inconvenience

to other users of the road.

s. 73. Riding on running board:

No person driving or in charge of an motor vehicle shall carry any person or' permit

any person to be carried on the running board or otherwise than within the body of the

vehicle.

S. . 74. Obstruction of driver:

No person driving a motor vehicle shall allow any person to stand or sit or

.any thing to be placed in such a manner or position as to hamper the driver in his control of

the vehicle.

s. 75 Stationary vehicles:

No person driving or in charge of a motor vehicle shall cause or allow the vehicle

to remain stationary in any public place unless there is in the driver's seat a person

duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle

cannot accidentally be put in motion in the absence of the driver.

--

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S. 76. Pillion riding:

No driver of a two-wheeled motorcycle, shall. carry more

:than one person in addition to himself on the cycle and no such person shall be carried

otherwise then sitting in a proper seat fixed to a cycle behind the the driver

. . ~ S77 Duty to produce licence and certificate of registration

, (I)The driver of the ,motor vehicle in any public places shall' on demand by any

police officer in uniform, produce his licence for examination. (2) The owner of a motor vehicle or, in his absence the driver' or other .person in charge of vehicle, shall; on demand by . registering authority or any person authorised in his behalf by the Sikkim Government, produce the certificate of registration of the vehicle and where :the ,vehicle a transport vehicle -the certificate of fitness referred to in Section 33. .(.3) If the license or certificate, as the; case may be are not a time in the possession .Of the. persons to' whom demand is made it shall be a sufficient compliance with this section if such ,person.. produces the. licence :or certificates tea Within ten days at any Police Station in Sikkim which he specifies to the police officer or authority .'making the, demand

Provided, that except ,to such case extent and with such modifications. as may be,

prescribed, the' provisions of this sub section shall not apply to driver driving as a paid

employee or to the driver of a transport vehicle or to any person required to produce

the certificate of registration or the certificate of fitness of a transport vehicle,

S 78 Duty of driver to stop in certain cases

(1) The driver of the vehicle .shall. cause the vehicle to stop and remain

stationary as long as may reasonably be necessary

(a)when required to do so by the police officer in uniform

(b)when required to do so by any person in charge of an animal if such person

apprehends that the animal is or being alarmed by the vehicle will become unmanageable or

(c) when the vehicle is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or

management of the vehicle was or was not the cause of the accident or damage, and he shall give his name and address and the name and

address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes

his name and address.

(2) The driver of a motor vehicle shall, on demand by a person giving his own

name and address and alleging that the driver has committed an offence punishable under Section 103, give his name and address to the person.

128

(3) In this Section the expression "animal" means any horse, cattle, elephant

camel, ass, mule, sheep or goat.

s. 79. Duty. of owner of motor vehicle to give information :

The owner of a motor vehicle the. driver of which is accused of any: offence under this Act shall. on the demand of any police officer authorised in this behalf by the

Government, give all information regarding the name and address of the licence held by the driver which is in his possession or could by reasonable diligence be ascertained by him.

S. 80. Duty of driver in case of accident and injury .to a person

When any person is injured as the result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the Vehicle shall ;

(a) take all reasonable steps to .secure medical attention for the injured person, and, if necessary, convey him to the nearest hospital, unless the injured person or his guardian, in case he is a minor, desires otherwise

(b) give on demand by a: police officer any information required by him, or, if no police officer is present, report. the circumstance of the occurrence at

the nearest Police Station as soon as possible and in any case within twenty-four hours of the occurrence.

(a) "authorised insurer" means a insurer in whose case the require

ments of the Indian Insurance Act, 1938, with respect. . . . . . . . . .. .

.

s. . 8 I. Inspection of vehicle. involved in accident :

When any accident occurs in which a motor vehicle is involved, any person authorized in this behalf by the Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination;.

Provided that the place to which the vehicle is so removed shall be intimated to 'the

owner of the vehicle and the vehicle shall be returned without unnecessary delay..

CHAPTER VIII

Insurance of motor "Vehicle against third party risks

S. 82. Definitions :

In this Chapter :

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . -.

of the registration of and deposits by insurers are complied with, and

129

(b) "certificate of insurance" means a certificate issued by an authorised

insurer in pursuance of sub-section (4) of Section 84; and includes where more than one certificate has been issued in connection with a policy, or

where a copy of a certificate has been issued, all the certificates or that copy, as the case-may be.

S. 83. Necessity for insurance against third party. risk. :

(I) No person shall use except as a passenger or cause or allow any other person

to use a motor vehicle in a public place, unless there. is in force in' relation to the use of the vehicle by that person or that other person, the case may be, a policy of

insurance complying with the requirements of this Chapter.

Explanation :-A person driving a motor vehicle merely as a paid employee, while there is in force in relation to the use of the vehicle no such policy as is

required by this sub-section, shall not be, deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such

policy in force.'

(2) This section shall not apply to any vehicle owned by or on behalf of the Indian

Government or Sikkim Government or a State owned railway, at any time then the vehicle is driven by a servant or owner in the course of his employment, or is wise subject to the

control of. the owner.

S. 84. Requirements of policies and limits of liability :

In order to comply with the requirement of this Chapter, a policy of insurance

must be a policy which- .

(a) is issued by a person who is an authorized insurer, and

(b) insures the person or classes of person. specified in the policy to the

extent specified in sub-section (2) against any liability which may be

incurred by him or them in respect of the death. of or bodily injury ,to any person

caused by or arising out of the use of vehicle in a public place;

Provided that a policy shall not except as may. be otherwise provides under

sub-section (3) be required

(i) to cover liability in respect of the death, arising out of and in the course of his

employment, of the employee of a person insured by the policy or in respect

of bodily injury sustained by an employee arising out of and in the course of

his employment, or

(ii) except where the vehicle' is a vehicle in which passengers are carried for hire

or reward or by reason of or in pursuance of a contract of employment, to

cover liability in respect of death of or bodily injury to persons' being carried

in or upon or entering or mounting' or alighting from the vehicle at, the time of

the occurrence of the event out of which a claim arises, or

(iii) to cover any contractual liability.

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(2) Subject to the proviso to sub-section (I) a policy of insurance shall cover any

liability incurred in respect of anyone accident up to the following limits, namely:

(a) where the vehicle is a vehicle used or adapted to be used for the carriage

of goods, a limit of twenty thousand rupees; (b) where the, vehicle is a vehicle in which passenger are carried for hire

of reward or by reason' of or in pursuance of a contract of employment, in

respect of persons other than passenger carried for hire or reward, a limit of twenty thousand rupees; and in respect of passengers a limit of

twenty thousand rupees in all and four thousand rupees in respect of an

individual passenger, if the vehicle is registered to carry not more

than six passengers excluding the driver or two thousand rupees in

respect of an individual passenger, if the vehicle is registered to carry

more than six passengers excluding the driver;'

(c) where the vehicle is a vehicle of any other class the amount of the

liability Incurred. .

(3) The Government may prescribe that a policy of insurance shall in order to

comply with the requirement of this Chapter cover any liability arising under the provisions

of the Workmen's. Compensation Act, 1923, in respect of the death of Or bodily injury to

any paid employee engaged in driving or ,otherwise in attendance on or being carried in a

motor vehicle.

(4) A policy shall be of no ,effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a cer-

tificate of insurance or a cover note in the prescribed form and containing the prescribed particulars of any conditions subject to which the policy is issued and of any other

prescribed matters; and' different forms, particulars and matters may be prescribed in different cases.

5') Notwithstanding anything else where contained in any law, a person issuing a policy of insurance under this section shall be liable to indemnify the person or classes of

person specified in the policy in respect of any Liability which the policy purports to cover in the case of that person or those classes of person.

S. 85. Duty of insurers to satisfy judgments against persons

insured in respect of risks:

( I) If after a certificate of insurance or a cover note has been issued under sub.

section (4-) of Section 84 in favour of the person whom. a policy has been effected judgment in respect of any such liability as is required to be covered or a policy under Clause (b) of

sub-section (1) of Section 84 (being a liability covered by the terms of the policy) is obtained against any person insured by the policy then, notwithstanding that the insurer

may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this Section pay to the person entitled to the benefit of the

decree any sum not exceeding the sum assured payable thereunder as if he were the judgment debtor, in respect of the liability, together with any amount payable in respect to

costs and any sum payable in respect of interest of that slim by virtue of any enactment relating to interest of judgments.

(1) No sum shall be payable by an insurer. under sub-section (I) in :respect of any

judgment unless before or after the commencement. of the proceedings in which the judgment is given the insurer had notice through the Court of the bringing of the

proceedings in respect of any judgment as long as execution is stayed thereon pending an appeal and an insurer to whom notice of the bringing of any such

proceedings, is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:

(a) that the policy was cancelled by mutual consent or by virtue of any provision

contained therein before the accident giving rise to the liability and that

either the certificate of insurance was surrendered to the insurer or that the

person to whom the certificate was issued has made an affidavit’ stating

that the certificate has been lost or destroyed, or that either

before or not later than fourteen days after the happening of the accident

the insurer has commenced proceedings for cancellation of the certificate

after compliance with the provisions of Section 94- or

(b) that there has been a. breach of a specified condition of the policy, being

one of the following conditions namely,

{i) a condition excluding the use of the vehicle,

(a) for hire or reward, where the vehicle Is on the date of the contract of

insurance a vehicle, not covered by a permit to ply for hire or

reward, or,

(b) for organized racing and speed testing, or

(c) for purpose not allowed by the permit under which the vehicle is used,

where the vehicle is a public service vehicle or a goods vehicle, or

(d) without side-car being attached, where the vehicle is a motor cycle;

or

(ii) a condition excluding driving by a named person or persons or by any

person who is not duly licensed, or by any persons who has been

disqualified for holding or obtaining a driving license: during the period of

disqualification; or

(iii) a condition excluding liability for injury caused or contributed to by

conditions of war, civil war or civil commotion; or

(c) that the policy is void on the ground that it was obtained by the non

disclosure of a material fact or by a. representation of fact which was

false 'in some material particular.

(3) Where a certificate of insurance or cover note has been issued under

subsection (4)of Section 84 to the person by whom a policy has been effected, so much

of the policy as purport.. to restrict the insurance of the persons insured thereby by refer-

ence my conditions other than those in Clause (b) of sub-section (2) shall, as respects

such liabilities as are required to the covered by it policy under Clause (b) of sub-section

(I) of Section 84-. be of no effect:

Provided that any sum paid by the insurer in or towards the discharge of any

liability of any person which is covered by the policy by virtue only. of this sub-section

shall be recoverable by the insurer from that person.

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(4) , If ,the amount which an insurer becomes liable under this Section to pay any respect of a liability incurred 'by a person insured by a policy exceeds the amount for which

the insurer would apart from the provisions of this Section be liable under the policy

respect of that liability, the insurer shall be entitled to recover the excess from that person

(r) In. this Section the expressions " material fact" and "material particulars mean,

respectively, a fact or particular of such a nature as to influence the judgment of a prudent

insurer in determining whether he will take the risk and, if so 'at what premium and on what

conditions, and the expression "liability covered by the terms of the Policy" means a liability

which is covered by the policy or which would be so covered but for the fact that the insurer is

entitled to avoid or cancel or has' avoided or cancelled the' policy.

(6) No insurer to whom the notice referred to in sub-section (2) has been given

shall be entitled to the benefit or any such judgment as is referred to in sub-section (I) other wise than in the manner provided for in sub-section (2).

S 86.Rights of third parties

insured :

against insurers on insolvency of the

(I) Where under any contract of insurance effected in accordance with the . provisions of this Chapter a person is insured against liabilities which he may incur to third parties then

(a) in the event of the person becoming insolvent or making composition or

arrangement with his creditors, or

(b) where the insured person is a company. in the event of a winding up order being made or a resolution for a voluntary winding up being passed with

respect to the company or of receiver or manager of the company's business or undertaking being duly appointed, or of possession being

taken by or on behalf of the holders on any secured by a floating charge on any property comprised in or subject to the charge.

if, either before or after that event. any such liability is incurred by the

insured person, his rights against the insurer under the contract in respect of the liability shall notwithstanding .;anything to the contrary 'in

any provision of law, be transferred to and vest in the third party to whom the liability was so incurred'.

(2) Where .an order for 'the administration of the estate of the deceased debtor is

made according to the law of insolvency, then if any debt provable in insolvency is owing

by the deceased in respect of a liability to a third party against which he was insured

under a contract of insurance in accordance with the provisions of this Chapter,

the deceased debtor's rights against the insurer in respect of that liability shall,

notwithstanding anything to the contrary in any provisions of law be transferred to and vest

in the persons to whom the debt is owing

.

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,'.

(1) Any condition in a policy issued for the purposes of this Chapter purporting

either directly or indirectly to avoid the policy or to alter the rights of the parties there

‘under upon the happening to the insured person of any of the events specified in Clause

(a)or Clause or Clause (b) of sub-section (I) or upon the making of an order according to

the law of insolvency, shall be of no effect

(4) Upon a transfer under sub-section (I) or sub-section (2) the insurer shall be under the same liability to the third party as he would have been to the insured person, but

(a) if the liability of the insurer to the insured person exceeds the liability of the

insured person to the third party, nothing in this Chapter shall effect the rights of the insured person against the insurer in respect of the excess,

and

(h) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party nothing in this Chapter shall effect the rights of the third party against the insured person in respect of the balance

S. 87. Duty to give information as to insurance:

( 1) No person against .whom a claim is made in respect of any liability referred

to In Clause (b) of sub-section (I) of Section 84 shall on demand by or on behalf of the

person making the claim refuse to state whether or not he was insured in respect of that

liability by any policy issued under the provisions of this Chapter, or would have been so

insured if the insured had not avoided or cancelled the policy nor shall he refuse, if he

was or would have been so insured, to give such particulars with respect to that policy as

'were specified in the certificate of insurance issued in respect thereof.

(2) In the event of any person becoming insolvent or making composition or

arrangement with his creditor, or in the event of an order being made for the administra-

tion of the' estate of a deceased person according to the law of insolvency, or in the

event of winding up order being made or a resolution for a voluntary winding up being

passed with respect to any company or of a receiver or manager of the company’s

business or

undertaking being duly appointed or of possession being taken by or on behalf of the

holders of any debentures secured by a floating charge and any property comprised in

or subject the charge, it shall be the duty of the insolvent debtor, personal representative

of the deceased debtor or company, as the case may be, or the official assignee or

receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession

of the property to give at the request of any person claiming that the insolvent debtor,

deceased debtor, or 'company is under such liability to him as is covered by the

provisions of this Chapter such information as may reasonably be required by him for

the purpose of ascertaining whether. many rights have been transferred to and vested in

him 'by Section 86, and for the purpose of enforcing such rights, if any, and any such

contract of insurance as whether directly or indirectly to avoid the contract or to alter the

rights of the parties there under upon the giving of such information in the events aforesaid, or

otherwise to prohibit or prevent the giving thereof in the said events shall be of no effect.

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(3) If, from the information given to any person in pursuance of sub-section (2) otherwise, he has reasonable ground for supposing that there have or may have been transferred to him under the Chapter ,rights against any particular insurance - that insurer

. shall be subject ,to the' same duties is imposed by the said sub-section on the persons therein mentioned .

(4) The duty to give the information imposed by this section shall include a duty to

allow all contract of insurance, receipts of premiums and other relevant document san the possession or power of the person on whom the duty is so imposed to be inspected and

copies hereof to' be taken.

S. 88. Settlement between insurers.& insured persons :

( 1) No settlement made by an insurer in respect of' any claim which might be

made by a third party in respect of any liability of the nature referred to in Clause (b)of sub-section (I) of Section 84 shall be valid unless such third party is party to

the settlement.

. (2) Where a person who is insured under a policy issued for the purposes of the

Chapter has become insolvent, or where if such insured person is a. company, a winding up order has been made or by a. resolution for a voluntary winding up has been passed

with respect to the company not: agreement made between the insurer and the insured person after liability has been incurred to a third party and after the commencement of the

insolvency or winding up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the, insured person after the commencement

aforesaid shall be effective to defeat the rights .transferred to the third party under this Chapter, but those rights shall be the same as if no such agreement, waiver, assignment

or disposition or payment has been made.

s. 89. Saving in respect of Sections 86,87, and 88

(1) For the purposes' of Sections 86, 87& 88, a reference to liabilities to third

parties" in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of

insurance.

(2) The provisions of Sections 86,87 8; 88 shall not apply where a company is

wound up voluntarily merely for the purposes of reconstruction or of an

amalgamation with another company.

90. Insolvency of insured. persons not to affect liability of insured. or

claims by third parties:

Where a certificate of insurance has been issued to the person by whom -a policy

has been effected, the happening in relation to any person insured by the policy any such

event as is mentioned in sub-section (I) or sub-section.(2) of Section 86 shall

notwithstanding any thing in this Chapter, net effect any liability of that person of the

nature referred to in, Clause (b) of sub-section (I) of Section 84 but nothing in this Section

shall affect any rights of the insurer conferred under the provisions of Sections 86, 87 & 88

on the person to whom the liabi1ity was incurred

S

s. 91 Effect of the death on certain causes of action

135

The death of person in whose favour a certificate of. insurance or cover note had been issued if it occurs after 'the happening of an event which has given rise, to a claim. under the provisions of this Chapter, shall not be a bar to the survival of any cause. of action arising out of the said event against his estate or against the insurer;

S'91. Effect of certificate of insurance:

When an insurer has issued a certificate of insurance in respect of a contract .of insurance between the insurer and the insured person then :

(a)

,(b)

if and so long as the policy described in the certificate has not been issued by the insurer, shall, as between himself and any other person except the insured be deemed to have. issued to the, insured person a policy of insurance conforming in all respects with the description and particulars stated in, such certificate; and

if the insurer has issued to the insured the policy described 'in the certificate, but the actual terms of the policy are less favorable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the 'particulars of the policy as stated in the certificate, the policy shall as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with particulars stated in the said certificate.

S. 93. Duty to surrender certificate- on cancellation of policy :

I. Whenever the period of cover under a policy of insurance issued under the provisions of this Chapter is terminated or suspended by any means before its expiration by effluxion of time, the insured person' shall within 'seven days after such termination or suspension deliver to the insurer by whom the, policy was issued the latest certificate of insurance given by the insurer in respect of the said policy or; if the said certificate has been lost or destroyed make an affidavit to that effect.

2. Whoever fails to surrender a certificate of insurance or to make an affidavit, as the case may be, in accordance with the provisions of this Section shall be punishable with fine which may extend to. fifteen rupees for every . day that the offence continue.. subject to a maximum of five hundred rupees.

S. 94-. Duty of insurer to notify registering authority cancellation or suspension of the policy:

I. Whenever a policy of insurance issued under the provisions of this Chapter be cancelled or suspended by the insurer who has issued the policy, the insurer shall within seven days notify such cancellation or suspension to the registering authority in whose records the registration of the vehicle covered by the policy insurance is recorded or to such other authority as the Government may, prescribe.

136

s. 95. Production of certificate of insurance:

1. Any person driving a motor vehicle in any public place .shall on being so required

by a police officer in uniform produce the certificate of insurance relating to the use of the'

vehicle:

Provided that if the driver of a motor vehicle within seven days from the date of which the production of the certificate of insurance was so required, produces the certificate

at such' police station as may have been specified by him at the time its production was required he shall not be liable to conviction under this sub:-section by reason only of failure.

to produce the certificate to the police officer.

2. If, where owing to the presence of a motor vehicle in a public. place an : accident occurs involving bodily injury to another person, the driver of the vehicle does not at the time

produce the certificate of insurance to a police officer he shall produce a the certificate of insurance at the police station at which he makes the report required by Section 80:

Provided that no person shall be liable to conviction under this sub-section by

reason only of failure to produce his certificate of insurance if within seven days from

the occurrence of the accident he produces the certificate at such police station as may be

specified by him to the police officer at the site of the accident or to the officer in charge of

the police station at which he reported the accident.

3. The owner of a motor vehicle shall give such a information as he may be

required by or on behalf of a police officer empowered in this behalf by the Government to

give for the purpose of determining whether the vehicle was or was not being driven in

contravention of Section 83 ,and on any occasion when the driver was required under this

Section to produce his certificate of insurance.

4- In this Section the expression "produce his certificate of insurance" means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of Section 83.

s 96. Production of certificate of insurance for authority to use vehicle:

The Government may make rules requiring the owner of any motor vehicle when applying whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence as may be prescribed by those rules to the effect that either; .

(a) on the date when the authority to use the vehicle comes into operation there will be in force the necessary policy of insurance in

relation to the use of the vehicle by the applicant or by other persons on his order or with his permission, or

(b) the vehicle is a vehicle to which Section 83 does not apply.

137

S. 97. Duty to furnish particulars of vehicle involved in accident:

The registering authority or the officer in charge of a police station, shall, if so required by a person who alleges that he is .entitled to claim compensation in respect of an

accident arising out of the use of a motor vehicle, or if so required by ,an insurer against whom a claim has been made in respect of any motor vehicle furnish to that person or to

that insurer, as the case may be, on payment of the prescribed fee any information at 'the disposal of the said authority or the said police officer relating to the identification marks

and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the. accident or was injured by it.

s. 98. Power to appoint persons to investigate and report on accidents:

The Government may, by notification in the Official Gazette, appoint a person or abody of persons to investigate and report on accidents involving the death of or bodily

'injury to any person arising out of the use of motor vehicles and the extent to which their claim to compensation have been satisfied and to advise and assist such persons or their

representatives in presenting their claims for compensation:

Provided that nothing in this Section shall confer on any such person or body of persons the right to adjudicate in any way on the liability of the insurer or on the amount of damages to be awarded except at the express desire of. the insurer concerned.

CHAPTER IX

Offences, Penalties and Procedure

S. 99. General provisions for punishment of offences:

Whoever contravenes any provision of this Act or of any rule made thereunder shall

,if no other penalty is provided for the offence, be punishable 2 [with fine which, shall not be less than fifty rupees and may extend to five hundred rupees] or, if having' been

previously convicted of any offence under this Act he is again convicted of any offence under the Act, 3 [with fine which shall not be less than one hundred rupees

and may extend to one thousand rupees.]

S 100. Disobedience of orders, obstruction and refusal-of information:

Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such, direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge or being required by or under this Act to supply any information which he knows to be false or which he does not believe to be true shall, if no other penalty is provided for the offence, be punishable with fine

which may extend to two hundred rupees.

2. Substituted by the Sikkim Motor Vehicles (Amendment), Act

No.6 of 1982 w.e f. 16.4.82.

Substituted by ibid. 3.

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s. I 0 I .

Offence relating to licenses:

Whoever, being disqualified under this Act for holding or obtaining a licence drives a motor vehicle in a public place or applies for or obtains a licence or, not being entitled to have a licence issued to him free of endorsement applies for or obtains a licence without disclosing the endorsements made on a licence previously held by him or, being disqualified under this Act for holding or obtaining a licence, uses in Sikkim a licence such as is referred to in sub-section 2 of Section 10, shall be punishable with imprisonment for a term which .may extend to three months or with fine which may extend to two hundred and fifty rupees, or with both, and any licence so obtained by him shall be of no 'effect.

S. 102. Driving at excessive speed:-

(I) Whoever drives a motor vehicle in contravention of Section 62 shall be

punishable with fine which may extend to one hundred rupees.

(2) Whoever causes any person who is employed by him or . subject to his ,control in driving to drive a motor vehicle in contravention of Section 62 shall be punishable

with fine which may extend to two-hundred rupees.

(3) No person shall be convicted of an offence punishable under sub-section (I) solely on the evidence of one witness to the effect that in the opinion of the witness such

person was driving at a speed which was unlawful, unless that opinion of the witness that such person was driving at a speed which was unlawful, be based on an estimate obtained

by the use of some mechanical timing device.

(4) The publication of a time table under which or the giving any direction that, any journey. or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case of that journey or part of a journey to be completed in the specified time without infringing the provisions of Section 62 be pima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under sub. section (2).

S. 103. Driving recklessly and dangerously :

Whoever drives a motor vehicle at speed or in a manner which is dangerous to the

public, having regard to all the circumstances of the case including the nature, condition

and use of the place where the vehicle is driven and the amount of traffic which

actually is at the time or which might reasonable be expected to be in .the place shall be

punishable on a first conviction for the offence with imprisonment for a term which may'

extend to six months or with fine .which may extend to five hundred rupees, and

for a subsequent offence if committed within three years of the commission of a previous

similar offence with imprisonment for a term. which may extend to two years, or with fine

which may extend to one thousand rupees, or with both.

139

s. 1 04. Driving while under the influence of drink or drugs :

Whoever while driving or attempting to drive' a motor vehicle is under the influence of drink or a drug to such as extent as to be incapable of exercising proper control over the

vehicle, shall be punishable for a first offence with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both,

and for a subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years,' or with

fine which may extend to one thousand rupees, or with both.

S. 105. Driving when mentally or physically unfit to drive:

Whoever drives a motor vehicle in any public place when he is to his knowledge

suffering from any disease or disability' calculated to cause his driving of the vehicle to be a source of danger to the public shall. be punishable for' a first offence with fine which

may extend to two hundred rupees and for a second or subsequent offence with fine whichmay extend to five hundred rupees.

S. 106. Punishment of abetment of certain offences :

Whoever abets the commission of an offence under Section 103

shall be punishable with the punishment provided for the offence. and, 104

S. 107. Racing and trials of speed:

Whoever without the written consent of the Government permits or takes part in a race or trial of speed between motor vehicles in any public place shall be punishable' with imprisonment for a term which may extend to one month, or with fine which may extend to three hundred rupees, or with both.

S. 108. Using vehicle in unsafe condition :

Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise or ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused calling bodily injury or damage to property, with fine which may extend to five hundred rupees

S. 109 Sale of vehicles in or alteration of vehicle to a condition contravening this Act :

Whoever, being an importer of or dealer in motor vehicles, sells or delivers or orders to sell or deliver a motor vehicle or trailer in such condition that the use thereof in , a public place would be in contravention of Chapter VI or any rule made under this Act alters the motor vehicle or trailer so as to render its condition such that its use in a public place would be in contravention of Chapter VI or any rule made under this Act shall be punishable with fine which may extend to two hundred rupees:

140

. Provided that no person shall be convicted under this Section if he proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had

been put into a condition in which it might lawfully be so used.

110.

Using of vehicle without permit :

(I) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or lets out a motor vehicle for use in contravention of the provisions of sub-section (I) of Section

15 shall be punishable for. a first offence with fine which may extend to five hundred rupees, and for a subsequent offence if committed within three years of the commission of a previous

similar offence with fine which shall not be less than one hundred rupees and may extend to one thousand rupees

(2) Nothing in this Section shall apply to the use of motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or .of food or materials to relieve distress or of medical supplies for a like purpose: .

Provided that the person using the vehicle reports such use to Transport Authority within seven days. .

s. 111. Driving vehicle exceeding permissible weight :

Whoever drives a motor vehicle or causes or allows a motor vehicle to be

driven in contravention of any permit issued thereunder or in contravention of any

prohibition or restriction imposed under Section 6 shall be punishable for a first offence with

fine which may extend to one hundred rupees, and for a second or subsequent offence with

fine which may extend to five hundred rupees.

s. II 2. Driving uninsured vehicle

Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in

contravention of the provisions of Section 83 shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with

both.

s. 113.

Taking vehicle without authority :

. Whoever takes and drives away any motor vehicle without having either the

owner thereof or other lawful authority shall be punishable' with imprisonment which

may extend to three months, or with fine which may extend to five hundred rupees,

or with both: . Provided that no accused person shall be convicted under this Section if the Court

is satisfied that the accused acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case

have given his consent if he had been asked therefore. .. .

.141

S. 114. Unauthorised interference with vehicle:

Whoever otherwise than with lawful authority or reasonable excuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable with fine which may extend to one hundred rupees. .

S. 11 5 Power of arrest without warrant:

(I) . A police officer in uniform may arrest without warrant any person who commits

in his view an offence punishable under Section 103 or Section 104 or Section 113 :

Provided that any person so arrested in connection with an offence punishable under Section 104 shall be subjected to a medical examination by a registered medical

practitioner within two hours of his arrest or shall then he released from custody.

(2) A police officer in uniform may arrest without warrant

(a) any person who being required under the provisions of this Act to give his name and address refuses to do so, or gives a name or address which the

police officer has reason to believe to be false, or

(b) any person, concerned in an offence under this Act or reasonably suspected to have been so concerned, if the police officer has reason to

believe that he will abscond or otherwise avoid the service of a summons.

(3) A police officer' arresting without warrant the driver of a motor vehicle shall, if the circumstances so required, take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle..

S. 116. Power of the police officer to impound document:

(I) Any police officer authorised in this behalf or other person authorised in this behalf

by the Government may, if he has reason to believe that ,any identification mark

carried on a motor vehicle or any license, permit, certificate of registration; certificate or

insurance or- other document produced to him by the driver or person in charge of .a

motor vehicle is a false document within the meaning of Section 464 of the Indian

Penal Code, seize the mark or document and call upon the driver or owner of the

vehicle to account .for his possession of or the presence in the vehicle of such mark or

document.

. (2) Any police officer authorised in this behalf by the Government may, if he has reason

to believe that the driver of ,the motor vehicle who is charged with any offence under this

Act may abscond or otherwise avoid the service of a summons, seize any, licence held by

such driver and forward it to the Court taking cognizance of the. offence

Summarily disposal of cases:- S. I I 7.

CHAPTER X Miscellaneous

S119 Publication of commencement of rules

All rules made under this act shall be published in the Official

Gazette unless some later date is appointed come into force on the date of

such publication

142

(3) A police officer seizing a licence under sub-section (2) shall give to the person surrendering the licence a temporary acknowledgement therefore and such acknowledgement shall authorize the holder to drive until the licence 'has been returned

to him or the Court has otherwise ordered.

(I) The Government may authorize officers other than Magistrate to try the cases of over loading of passengers and unauthorised carriage of goods summarily; whether at the spot where the contravention of Sikkim Motor Vehicles Act or rules is detected Or ..else-where. However cases in which the accused pleads not guilty and in which infliction of imprisonment or fine exceeding Rs. 100 as punishment is proposed the case shall be sent upto Court of law.

(ii) No Court inferior to that of the .2nd Class Magistrate shall try any . offence punishable under this Act except for the officers as specified in sub-para (i)

S. I 1 8. Restriction on conviction:

No person prosecuted for an offence punishable under Section 102 or Section

103 shall be convicted unless

(a) he was warned at the time the offence was committed that the question,

of prosecuting him would be taken into consideration, or

(b) within fourteen days from the commission of the offence, a notice

specifying the nature of the offence and the time and place where it is

alleged to have been committed was served on or sent by registered

post to him or the person registered as the owner of the vehicle at the

time of the commission of the offence or,

(c) within twenty eight 'days of the commission of the offence, a summons

for the offence was served on him

Provided that nothing in this Section shall apply where the court is satisfied that

(a) the failure to, serve the notice or summons referred to in this Section was

due to the fact that neither the name and address of the accused nor -

the name and address of the registered owner of. the vehicle could with

reasonable diligence have been ascertained in time, or

(b) such failure was brought about by the conduct of the accused. I

S 120. The Sikkim Motor Vehicles Act I of 1937 is hereby repealed.

143

.THE SCHEDULES

THE. FIRST SCHEDULE FORMS

Form A.

Form of application for licence' to drive a motor.

vehicle.

I . Application.

I apply for-licence to enable me to enable me

,as a paid. employee

.otherwise than a paid employee

.Vehicles of the following description.

(a)

(b)

(c)

(d)

(e)

(f)

(g) (h)

(i)

(j)

motor vehicles.

motor cars,

invalid carriages,

motor cabs,

delivery vans,

light transport vehicle including/excluding public service vehicles,

heavy transport vehicles

tractors,

road rollers,

a vehicle of a special type (description attached) constructed or

adapted to be driven by me.

*Strike out whichever in-applicable.

Full name and name of father..

Permanent address.. . . .

Temporary address. . . .

Age at date of application. .

Particulars of any licence previously held by applicant. .

Particulars and date of every conviction which has been, ordered to be

endorsed on any licence held by the applicant.. .. . . . . . . .

Have you been disqualified for obtaining a licence to drive? If so, for what

reason?

Have you been subjected to a driving test as' to your. fitness or ability

, to drive a vehicle in respect of. which a licence to drive is applied for

If so, give date, testing authority and result of test. .

III

Declaration as to physical fitness 0f

applicant.

The applicant is required to answer "Yes" or No in the space provided

opposite each question.

. (a) Do you suffer from epilepsy, or from sudden .attacks of

disabling giddiness and fainting?

Are you able to distinguish with each eye at a distance of 25 yards

in good day light (with glasses, if worn) a motor car number plate

containing seven letters and figures?

Have you lost either hand or foot or are you suffering from any

defect in movement, control or muscular .power of either arm

or leg? .

Do ,you suffer from color blindness or night blindness ?

Do' you suffer- from a defect of hearing?

Do you suffer from any other disease or disability likely to cause

your driving of a' motor vehicle to be a source of danger to the

public .? .

. If so, give particulars. . , I declare that to the best of my information and belief the particulars given in

Section II and the declaration made in Section III thereof are true.

. Note:- An applicant who answer "Yes" to question (b) ( & (c) in the declaration and

"No" to the other questions may claim to be subjected to a test as to his competency to

drive vehicles of a specified type or types.

I.

2,

3.

4.

5,

6.

7.

8.

(b)

(c)

(d)

(e)

(j)

144

Particulars to be furnished by the

applicant.

. ,

Signature or thumb impression of applicant. Date. .. . . . . . . . . . . . . . .19

-

145

Certificate of test of ability to

drive.,

The applicant has passed-failed in the test specified in ,the Third Schedule to the

Sikkim Motor Vehicles Act, I957. The test was conducted on a*

on (date)

Here .enter description of vehicle.

Signature of ,testing Authority. Duplicate Signature or thumb impression of applicant.

FORM "B" '

[ See Section I2 (2). ]

Form of application for renewal of driving license

,I hereby apply for a renewal of the licence under the Sikkim Motor Vehicles

Act, 1957, which was issued to me on the. . . . . . . . by "

I hereby declare that-I am not subject to any disease or disability likely to ,cause

my driving of a motor vehicle to be a source of danger to the public. '

Date 195.

, Signature of applicant.

FORM "C"

(See Section 8 (ii) and Section 13).

Form of ' medical certificate in respect of applicant for a licence to drive any transport vehicle or to drive any vehicle as paid employee. . ,

(To be filled by' a registered medical Practitioner)

`1What is the applicant's' apparent age?

2. Is the applicant, to the best of your .judgment, subject to epilepsy,

vertigo or any mental ailments likely to affect his efficiency? " :,' 3. Does the applicant suffer from any heart or lung disorder which might

interfere in the performance of his duties' as a driver

4. (a) Is there any defect of vision?

If so, has it been corrected, by suitable, spectacles?

146

(b) Does the applicant suffer from night blindness or color blindness?

(c) Does .the applicant suffer. from a degree of deafness which would prevent

his hearing the ordinary sound signs ?

5. Has. the applicant any deformity or loss of members which would interfere with

the efficient performance of his duties as a driver ?

6. Does he show an evidence of being addicted to the excessive use of alcohol,

tobacco, or drugs ?

7. Is 'he, in our opinion, generally fit as regards (a) bodily health and (b') eyesight? .

8. Marks of identification.

I certify that to the best of my knowledge and belief the applicant. .Is the person

hereinabove described and that the attached photograph- is a reasonable

correct; likeness.

Signature

Name

Designation

. Note.- Special attention should be directed to distant vision and to the condition of the arms and hands and the joints of both extremities.

FORM D.

[ (See Section 9 (I) ]

. Driving Licence (Sikkim).

No. 195

Name

son.. daughter of (father's name) of

permanent address

temporary address

Photograph

if' necessary Signature or thumb impression.

147

is licensed to drive throughout India, vehicles of the following description*

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

Motor Cycle,

Motor Car,

Motor Cab,

Delivery van,

Light transport vehicle,

Heavy transport .vehicle

Tractor.

Invalid carriage,

. Road roller,

A motor vehicle hereunder described:

He is also authorised to drive as a paid employee.

This licence is valid from to

Dated

(To be struck out if inapplicable).

Signature and designation of

Licensing Authority. 195

. So long as the licence of authorization to drive a public service vehicle is valid and is renewed from time to time, the holder is authorised to drive a public service vehicle.

Date

195

Signature and, designation of

Prescribed Authority.

Signature of licensing Authority.

This licence is hereby renewed

upto the

the

day of

day of

19

19

Date

148

ENDORSEMENT

Section and Rule Fine or other punishment

Signature of Endorsing

Authority

FORM E

[ SEE SECTION 2 I (a) ]

Form of application for the Registration of a Motor' 'Vehicle.

1 ) Full name, name of father and address of person to be registered as

registered as owner

2 ) Class of vehicle.

3) Type of body.

4) Maker's Name

5) Year of manufacture

6) Number of cylinders

7) Horse power

8) Maker's classification or, if not known, wheel base

9) Chassis number... 10) Engine' number

11 ) Seating capacity (including driver)

12)Unladen weight.

. 13) Particulars of previous registration and registered number (if any) .. ..

.

Additional particulars to be completed only in the case of transport vehicles other than motor cabs:

14. Number, description and size of tyres

(a) front axle

(b) rear axle

(c) any other axle .-. . . . .

15. Maximum laden weight .. .. . . .. .lbs. bs.

149

15 Maximum axle weight

(a) front axle

{b) rear axle

(c) any other axle

The above particulars are to be fined in for a rigid frame motor vehicle of two or three

axles, for an articulated vehicle of three axles,. or, to the extent applicable, for trailer, (other than the trailer to be registered as part of an articulated vehicle) as the case may be,

where a second trailer or additional trailers are to be .registered with an articulated motor vehicle, the following particulars are to be furnished for each such trailer:

1

7.

18.

Type of body

Unladen weight

19 Number, description and size of tyres on the axle

20. Maximum axle weight .

Date 195 Signature of applicant.

Explanation.-An articulated vehicle means a tractor to which a trailer is

. attached in such a manner that part of the-trailer is superimposed on

and part of the weight of the trailer is borne by the tractor.

Note.- The motor vehicle above described is held by the person to be registered

as the registered owner, under a hire purchase agreement with.. ....

Signature of owner

. Signature of the hire purchase

company.

FORM" F "

[ See Section 3 I (I) ]

Document to be furnished by the maker or authorised assembler in the case of

transport vehicles other than motor cabs.

150

Certified that the

Engine No.

vehicle Chassis No. .. . . . . . .and

is designed for maximum weights as follows

when fitted with the tyre-equipment specified below:

Maximum laden weight.................................... lbs.

Rear weight front axle. . . . . . . . . . . . . . . . . .Ibs.

Maximum weight rear axle. . . . . . . . . .lbs.

Date 195 Signature of maker or

authorised assembler.

Maximum weight any other axle. . . . . . . . . .lbs.

Tyres- Front wheels

Rear wheels

Other wheels

Special certificate to be furnished by an assembler.

Certified that I am authorized by the maker of the vehicle described above to issue this certificate. .

Signature. of authorised assembler.

FORM '.'G"

[ See Section 2 I (b). ]

Form of Certificate of Registration

Registered number

Brief description of vehicle

(e.g. Ford touring car, Chevrolet 22 seater bus, Albion Lorry trailer, etc)

Name, name of father and address of Registered owner

Signature of Registering Authority.

Transferred to

Signature of Registering Authority

Transferred to

151

Detailed .description.

I.

2..

3.

4.

5.

6.

7. 8.

9

10. II.

12.

13.

14

.. Class of vehicle

Maker's name

.Type of body

Year of manufacture

Number of cylinders

Chassis number

Engine Number

Horsepower

Maker's classification or if not known, wheel base

Seating capacity (including driver)

Unladen weight

Registered laden weight

Number, description and size of tyres

(a) front axle

(b) rear axle

(c) any other axle

Registered axle weight:

(a) front axle

(b) any other axle

lbs.

lbs

Additional particulars of alternative or additional trailer or trailers registered

with an articulated vehicle.

Type of body................

Unladen weight... .lbs

Number, description and size of tyres of the axle. . . . . . . . . . . .

Registered axle weight. . . . . . . . . . . .lbs. . . . . . . . . . . . . . . .

17

18

.

Date 19

Signature of Registering Authority.

I5.

16

.

152

FORM "H"

(See Section 33.)

Certificate of fitness (applicable in the case of Transport Vehicles only).

Vehicle No. . . . . . . . . . .. . . . . . . . is certified as complying with the provisions of Chapter

VI of the Sikkim Motor Vehicles Act, 1951 and the rules made thereunder. This certificate

will expire on. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature and designation of

Inspecting Authority, Date 19

The certificate of fitness is hereby renewed

Upto. . . . . . . . . . . . . . . .19

Upto. . . . . . . . . . . . . . . 19

Upto .............................. .19

Signature of Inspecting Authority

THE SECOND SCHEDULE

(See Section 8 (iv)

(I) Diseases and disabilities absolutely disqualifying a person for obtaining a

licence to drive a motor Vehicle,.

1. Epilepsy

2. Lunacy.

3. Heart disease likely to product' sudden attacks of giddiness or fainting.

4. Inability to distinguish with each eye at a distance of twenty five yards in

good daylight (with the aid of glasses, if worn) series and figures in white on " black ground of the same size or arrangement and arrangement ‘as those . registration marks in

a motor Car.

5). A degree of deafness which prevents the applicant from hearing the ordinary

sound of signals.

6. Color blindness.

7. Night blindness.

(II). Disease .and disabilities absolutely disqualifying a person for obtaining a

License' to drive . public service vehicle. I. Leprosy

.

153

THE THIRD SCHEDULE

( See Section 8, (v) )

The candidate shall satisfy the person conducting the test that he is able to .

1 Start the engine of the vehicle.

2. Move away straight ahead or at an angle.

3. Undertake, meet or cover the path of other vehicle and take an appropriate

course.

4. Turn right and left cornets correctly.

5 Stop the vehicle in an emergency and normally, and in the latter case bring

it to rest at an appropriate part of the road.

6. Drive the vehicle backwards and whilst so doing enter a limited opening either to the right or left.

7. Cause the vehicle to face in the opposite direction by means of forward and reverse gears

8. Give by hand and by mechanical means (if fitted to the vehicle), or, in the case

of a disabled driver for whom it is impracticable or undesirable to give signals by hand, by mechanical means in a clear and unmistakable manner,

appropriate signals at appropriate times to indicate his intended actions.

9. Act correctly and promptly on all signals given by traffic signs and traffic

controllers and take appropriate action on signs given by other road user.

Note- (i) Requirements 6 & 7 are not applicable in the ,case of motor cycle or tricycle not equipped with means for reversing.

(iii) Requirements 6, 7 & 8 are not applicable in the case of invalid carriages

PART II.

The candidate shall satisfy the person conducting the test that he is cognizant of

the provision of Section 72, 73, 74, 75 & 76 and of the Tenth Schedule; that he knows. the meaning or the traffic signs specified in the Ninth Schedule; and if he has not been

medically examined, that he is not so deaf as to be unable to hear the ordinary sound signals and is able to distinguish with each 'eye at a distance of twenty-five yards in

good day light (with the aid of glasses, if worn) a registration mark containing seven letters and figures.

FOURTH SCHEDULE.

Authorities entitled to grant licenses to drive and to register motor vehicles, the

property of the Government and registration marks for such vehicles..

154

PART A.

The Police Commissioner may grant licence in respect of vehicles, whether the property of the Government or otherwise.

PART B.

The Police Commissioner may register motor vehicles, the property of the

Government or otherwise, and may grant certificates of fitness in respect of such vehicles.

THE FIFTH SCHEDULE.

(See Section 18 (2) & (3).

Offences on conviction of which an Endorsement shall be made on the licence of the person affected.

Part A.

I. Driving recklessly or dangerously (Section 104).

Driving while under the influence of drink or drugs (See Section 104).

Abetment of an offence under Section 103 & 104 (See Section 106).

Taking part in unauthorised race or trial of speed

Driving when disqualified (See Section 17).

Obtaining or applying for licence without giving particulars of endorsement

(See Section 10 I).

Failing to stop on the occurrence of an accident (Section 78)

.Altering a licence or using an altered licence.

Any offence punishable with imprisonment in the commission of which a

motor vehicle was used.

2.

3. 4 5

6.

7.

8.

9.

Part B.

I. Driving without a licence, or without a licence which is effective or

without a licence applicable to the vehicle driving (Section 4)

Allowing a licence to be used by another person (Section 7).

Driving at excessive speed (Section 102).

Driving when mentally or physically unfit to drive (Section 105).

Abetment of an offence punishable under Section 102 or 105

. Refusing or failing within specified time to produce licence (Section 77).

Failing to stop when required (Section 78).

Driving an unregistered vehicle (Section 20).

Driving a Transport vehicle not covered by a certificate of fitness (Section 33).

2.

3,

4.

5.

6.

7

. 8. 9.

~--

155:

10. Driving in contravention any rules made under this' Act relating to speed

governors - I1. Driving a vehicle exceeding the permissible limit of weight. '

12 Failure, to comply with a requisition made Under ,Section 64.

13. Using a vehicle in unsafe condition (Section 108).

14. Driving a transport vehicle in contravention of Section 'JS.

SIXTH SCHEDULE.

REGISTRATION MARKS.

I. The letters SKM shall be used, as hitherto, as registration mark for all vehicles in

Sikkim.

1. The letters SKM shall be followed by the number allotted by the Sikkim

Transport Authority to the vehicles, painted on a plate of the size 13 "X5" as follows:

Darbar vehicles Red-Yellow.

(b) Public vehicles-buses, taxis, Station wagons

(contract & stage carriage)

(c) S.N.T. vehicles trucks buses, taxies &

Station Wagons

(d)

(e)

(f)

White-Black.

Black-Yellow.

Yellow-Red.

White-Red.

Black-White.

Temporary anything

Private carriers. Private Vehicles

Note : (a) The registration mark shall be clearly and legibly exhibited on a , plate or part of the vehicle both at front and rear facing direct to

front or rear, as the case may be, in' the manner hereinafter' specified. (d) The registration mark shall be in English letter, and numerals and

(i) Save in the case of a motor cycle or an invalid carriage the letters

shall be not less than 2 inches high and 5/8th inches thick at any

parts the numerals shall not be less than 3.5 inches high and

3/4 inch thick at any part, and there shall be a space ,between an

letter any numeral and between any letter or any " " ------------------------------------------J

numeral and the plane surface of not less than 1/2 inch and a:.

space between two numerals of less than 3/8th -inch.

(ii) In the case of a motorcycle or an invalid carriage, of dimensions

not 1ess than 2/3rds of those specified ‘in clause (i)

(b) The plain surfaces aforesaid shall not be inclined from the vertical by

more than 30 degrees., The letters and numerals shall be exhibited:

as follows, that is to say

156

(i) in the case of a transport vehicle other than a motor cab,-both registration mark shall exhibit the letter and numerals in two separate

horizontal lines, the letter and numeral. below.

(ii) . In all other cases the registration marks may exhibit the letters and numerals either in two horizontal as aforesaid or in one horizontal line.

(e) Notwithstanding any thing contained in sub-rule (1)), the registration mark exhibited at the front of a motor cycle or of an invalid carriage may be

displayed on a plate if a line with the axis of the vehicle and shall in such case be displayed on both side of the plate.

(f) The registration mark as aforesaid exhibited at the rear of & transport vehicle shall be affixed to the vehicle at as great a distance (but not

exceeding two feet from the ground as may be reasonably possible having regard to the type of body of the vehicle.

For each low pressure

pneumatic tyre, fitted to a wheel on the axle, if a

nominal size.

5.00-11. 5.25.-11. 5.25-I8. 5.50-17

5 .50- I8 5.5O-17

5.50-20 6.00-16

6.00-17 6.00-18

6.00-20

6.25-16

6.50-16 6.50-17

6.50-17 6.50-20

7.00-15' 7.00-16

7.0017 7.00-18

THE SEVENTH SCHEDULE

(See Section 32 (2 ). )

Table A.

The permissible weight

in pounds is.

980

1.060.

1.100.

I.140,

1.195.

1.140'

1.225.

I200

1350 1450

1550.

1300.

1400.. 1550

1700. 1850.

1500

1675

.1850 2050

. '"

157

7 00-20

7.50-15

7-50-16

7-50-17 7-50-18

7.50-20

7-50-24

8-25-18

8-25 -20

8-25-22

8.25-24

9.00-15

9.00- I8

9.00 -20

9.00-22

9.00-24

9.75-15

9'-75-18

9.75-20

9-75-22

9.75-24

10-50-20

10'5'0-22

105'0-24-

11.25'20

11.25'22

11.25'24

TABLE B.

.

2.200. 1.700.

2.050.

2.150

2450. .

2.650.

. 2.65'0.

2.900. 3.100.

3.100.

3.100.

2650. 3.300.

3.550

' 3.550.

3.650

3175'.

3.900.

4.200.

4.200.

4400.

4.850.

5.000.

.5.200.5450

5800 6050

For each high pressure pneumatic tyre The permissible weight in pound is.

fitted to wheel on the scale of a nominal size

30X5

33x5

34x5

35x5

32x6

34x6

36x6

32X6.5

32x7

34x7

36x7

38x7

36x8

38x8

2.000.

2.000.

2.000.

2.000.

2.65'0.

2.65'0.

2.65'0.

2.95'0.

3.000.

3.300.

3.300.

3.300.

4.000.

4.200.

158

4ox8

38x9 4ox9

42X9 40XIO

44XIO

4400.

4850.

5100.

5300

5.700.

6.100.

(b) If the vehicle, being a motor .car or motor cab, is drawing two wheeled

trailer of a laden weight not exceeding I. 700 pounds avoirdupois, and if all

the wheels of the vehicle and trailer are fitted with pneumatic tyres

20 Miles per hour

Explanation:- The figures 5.00-17 etc, in Table A represent' respectively, the nominal section diameter of the tyre and the diameter of the wheel rim; and the figures 30x5 etc, in

Table B represent. respectively, the over all diameter of wheel and tyre and the nominal sectional diameter of .the tyre when mounted on its appropriate rim and inflated shall in no

case be less then the nominal sectional diameter

Note.-Tyres may be calibrated in so called metric sizes, for example 72”X70', In that case the first number represents that sectional diameter of the tyre in millimeter’s and the second number represents the diameter of the. rim in inches. The permissible weight in pounds for each such tyre shall be determined. by dividing the nominal section diameter of the tyre in millimeters by figure' 25.4. the quotient being the nominal sectional diameter in inches. The permissible, weight given in Table A for the nearest equivalent nominal sectional diameter in inches and the actual rim-diameter shall be the permissible weight for that tyre.

EIGHTH SCHEDULE

(See Section 62.)

Limits of speed for Motor vehicles. Maximum speed per hour Miles

I. .Passenger vehicles that is to say. vehicles constructed solely for the carriage of

passengers and their effects :

(a) if all the wheels are fitted with

pneumatic tyres and the vehicle is

drawing a trailer:

(i) if the vehicle is a motor cycle

motor car or motor cab.-

(ii) if the vehicle is a public service .vehicle other than a motor cab

40 Miles per hour

30Miles per hour

159

(c) any .other vehicle, including an in

valid carriage 20 Miles per hour,

2. Goods vehicle, that is .to -say, vehicles .constructed or adapted for use or

used for the conveyance of goods:

(a) If all the wheels are fitted with pneumatic

tyres and the vehicle is a light transport

vehicle and is not a drawing trailer .

(b) in any other case

25Miles per hour

15 Miles per hour

3. Tractors :

(a) If drawing not more than one trailer and all the wheels of the tractor and

trailer are fitted with pneumatic tyres (b) in any other case

15 Miles per hour 6 Miles ,per hour

4. Locomotives, whether drawing a trailer

or not . . . . 6 Miles per hour

THE NINTH SCHEDULE ( See Section 66, 68 & 69, ) TRAFFIC SIGNS As per Government of India's Motor Vehicles Act, 1939

THE TENTH SCHEDULE See Section 68 & 69. Driving regulations,

I. The driver of a motor vehicle shall drive the vehicle as close to the left hand

side of the road as may be expedient and shall slow all traffic which is proceeding in the opposite direction to pass him on his right hand side.

2. The driver of a motor vehicle may pass to the left of a vehicle the driver of which having indicated an intention to turn to the right has drawn to the center of the road.

3. The driver of motor vehicle shall not pass a vehicle travelling in the same direction as himself

(a) if his passing is likely to cause inconvenience or danger to other

traffic proceeding in any direction, or. (b) where a point or corner or a hill of an obstruction of any kind render

the road ahead not clearly visible.

4. The driver of a motor vehicle shall not, when being over taken or being passed

by another vehicle increase speed or do anything any way to prevent the other vehicle

from passing him.

160

THE ELEVENTH SCHEDULE

('See section 70)

Signals.

I. When about to turn to the right or to drive to the right hand side of the

road in order to pass an other vehicle or for any other purpose a driver shall extend his

right arm in a horizontal position out side of and to the right of his vehicle with the palm of.

the hand turned to the front.

2. When about to turn to the left or to drive to the left hand side of the road,

a driver shall extend his right arm and rotate it in an anti' clockwise direction:

3.' When about to slow down, a driver shall extend his right arm with the palm

downward and to the right of the vehicle and shall move the arm so extended up and down

several times in such a manner that the signal can be seen by the driver of

any vehicle which may be behind him. .

4. When about to stop, a driver shall raise his right forearm vertically outside of

,and to the right of the vehicle, palm to the front.

5. When a driver wishes to indicate to the driver of a vehicle behind that he desires

that driver to overtake him, he shall extend his right arm and' hand horizontally outside of

and to the right of the vehicle and shall swing the arm backwards and forwards in a semi-

circular motion.

[This Act has been repealed by the Central Motor Vehicles Act, 1988-ED.]

5. Thee driver of . motor vehicle shall slow down when approaching a rural intersection, a

road junction or a road corner, and shall not enter any.. junction. until he has become aware that he

may do so without endangering the safety of persons thereon.

6. The driver of motor vehicle shall, on entering a road intersection if the

road entered is a main road designated as such, give way to the vehicle proceeding

along that road and in any other case give way to all traffic approaching the intersection

on his right hand.

7. The driver of a motor vehicle shall when passing or meeting a procession

or a body of troops or police on the march or when passing workmen engaged on road repair,

drive at. a speed not greater than fifteen miles an hour.

8. The driver of a motor vehicle shall

(a) when turning to the' left, drive as close as may be to the left hand

side of the road from which he is making the turn and of the road which he is

entering;

. (b) when turning to the right, draw as near as may be practicable to the

centre of the road along which he is travelling and cause the vehicle. to

move in such a manner that'

(i) as far as may be practicable it passes beyond, and so as to leave on

the driver's right hand, a point formed by the intersection of the

centre lines of the intersecting roads:

(ii) it arrives as near as may be at the left hand side of the road which

the driver is entering.

~

161

I. This notification supersedes all previous notifications issued on the subject on registration of foreigners by the Sikkim Darbar from. time to time.

II; Whereas it is expedient to provide for the registration of foreigners entering,

being present in and departing from Sikkim, it is hereby ordered as follows:-

2. The Sikkim Darbar may designate any person class of persons as foreigners for the purpose or rules framed under this notification.

3. The Sikkim Darbar may make rules:

(a)

(b)

(c)

(d)

(c)

for requiring any. foreigner entering, or being present in Sikkim to report

his presence to a prescribed authority with such time and in such

manner and with such particulars as may be prescribed;

for requiring any foreigner moving from one place to another place in

Sikkim to report, on arrival at such other place, his presence to ...

prescribed authority within such time and in such manner and with such

particulars as may be prescribed;

for requiring any foreigner who is about to leave Sikkim to report, the date

of his intended departure and such other particulars as may be prescribed

to such authority and within such period, before departure as may be

prescribed;

for requiring any foreigner entering, being present in, or departure from

Sikkim to produce on demand by a prescribed authority, such proof of his

identity as may be prescribed;

for providing for such other incidental or supplementary matters as may

appear to the Darbar necessary or expedient for giving effect to this

notification.

4. Penalty. Any person who contravenes or. attempts to contravene, or fails to comply with any provision or any rule made under this notification shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both.

2. SIKKIM DARBAR GAZETTE EXTRAORDINARY, MAY 4, 1960

5, Exemption :Sikkim Darbar may declare that any of all of the provisions of rules made under this notification shall not apply, 'or shall apply only with such

modifications or subject' to such conditions as may be specified in the said order, to or in -relation to ,any individual foreigner or any class, or description of foreigner.

Ill. Rules for the Registration of Foreigners.

1 Every foreigner to whom these rules apply, including foreigners in transit to India, shall on entering Sikkim, personally report at the Police Check post or Station nearest

his point or entry and state the particulars required in the register in Form .A . The entries should be made by or on behalf of the foreigner in English, and in any case

must be signed by him, or, if illiterate, he will affix thereto his left thumb impression.

Notification Providing for the Registration of Foreigners

A foreigner will-be deemed in transit to India if he intends to spend not more

than 7 days in Sikkim from the date of reporting his arrival at a check post.

2.All foreigners to whom Rules I applies should procure from the Police ..check

post or Station, at which arrival is reported, a temporary certificate of registration in Form

B.

3.On reporting at the Registration Office in India specified in form B, a foreigner will

surrender his temporary certificate of registration in Form B to that -Office.

4. (I) A foreigner who:

(a) takes a temporary certificate of registration in Form B for transit to India,

but does not leave Sikkim within 7 days or.,

(b) intends to stay in Sikkim for a period exceeding 7 days from the date of entry,

shall, before the period of 7 days has elapsed, report at the Foreigner's Regis

tration Office, Gangtok, and obtain a permit in Form C. which will be valid for a period not

exceeding one year from the date on which the foreigner reported his arrival in Sikkim.

5. If a foreigner holding a permit in Form C wishes to proceed to India, he will

report at the Foreigner's Registration Office, Gangtok, and surrender the permit in Form C

obtaining in its place a temporary certificate of registration in Form B.

6. A foreigner holding a permit in From C shall, when proceeding to Bhutan, Tibet or Nepal,

surrender the permit to the Office Incharge of Police Check post or Station nearest his

point of departure. The permit may be utilized again on the person's return to Sikkim if it

has not already expired.

7. All foreigners to whom these rules apply shall on demand of a Police Officer of and

above the rank of Head Constable, or revenue officer, produce either a permit in Form B or

a permit in. Form C or a certificate of registration in Form A issued under the Sikkim or

India Registration of Foreigners Rules, 1939, as the case may be; and, on failure to do so,

shall be liable to the penalty specified in clause 4. of the notification.

8. Tibetan and Chinese nations shall be deemed to be foreigners for the purposes

of these rules, but the following person shall be exempt from the requirement to obtain

permits in Form Band C:

(i) Tibetan officials and members of Tibetan delegations;

(ii) Chinese holding diplomatic passports;

(iii) Tibetans related to the Sikkim Royal Family.

9. (a) The term Prescribed Authority or 'Authority' occurring in this notification

shall be deemed to include the 'Foreigners Registration Authority' which shall be:

(i) Police Commissioner, Sikkim.

(ii) Inspector, Intelligence Branch, Sikkim.

(iii) All 'Check post Inspectors and officers-in-charge of Police Stations.

..~~,..

162

Explanation :

TASHI NAMGYAL,

MAHARAJA OF SIKKIM..

This Notification was published in Sikkim Darbar Gazette, Extraordinary dated

4.5. 1960Ed.

163

SIKKIM DARBAR GAZETTE, JANUARY, 1962

Registration of Companies Act, Sikkim, 1961

PART v

Acts passed and assented to by His Highness the Maharaja

PREAMBLE

Whereas it is expedient to provide for the rapid industrialization of Sikkim

by establishing companies and 'other organizations to take part in this process.

And Whereas it is necessary to provide for the registration of such companies.

Now, therefore, His Highness the Maharaja of Sikkim has been pleased to make

and promulgate with immediate effect the following law to be known as "REGISTRATION

OF COMPANIES ACT, SIKKIM, 1961

I. (i)This Act may be called the "REGISTRATION OF COMPANIES ACT,

SIKKIM, 1961.

(ii) It shall come into force with immediate effect.

(iii) It extends to the whole of Sikkim.

(i) . Any seven or more persons, or where the company to be formed will be a

private company any two or more persons association for any lawful purpose

may, by subscribing their names, to a memorandum of association and otherwise

complying with the requirements of this Act in respect of registration, form an

incorporated company, with or without limited liability.

(ii) Such a company may be either;

(a) A company having the liability of its members limited by the memorandum to the

amount, if any, unpaid on the shares respectively held by them (in this Act termed

"a company limited by shares")

(b) a company having the liability of its members limited by the memorandum to

such amount as the members may respectively undertake by the memorandum to

contribute to the assets of the company in the event of its being wound up (in this

Act termed "a company limited by guarantee"); or

(c) a company not having any limit on the liability of its members (in this Act termed

as "an unlimited company").

"[(d) a Company which shall not be a company set up to carry on business in any

other State except the State of Sikkim relating to acquisition and transfer of stock

or shares, or investment of money or value of money or any form of trade in

investments."]

(i) The memorandum of every company shall state:

(a) the name of the company with "Limited" as the last word of the name

in the case of a public limited company, and with" Private Limited' as the last

words of the name in the case of a private limited company.

2.

3.

Inserted by the Sikkim Registration of companies (Amendment) Act NO.3 of 1989

w.e.f 17-2-89.

(b)

(c)

164

(ii)

Sikkim, where the registered office of the company is to be situated

the objects of the company, and, except in the case of trading

corporations, the territory where its objects extend.

The memorandum of a company limited by shares. or by guarantee shall also state that the liability of its members is limited.

The memorandum of a company limited by guarantee shall also state that

each member undertakes to contribute to the assets of the company in the event of its being wound up while he is a 'member or within one year

after he ceases be a member, for payment of the debts and liabilities of the company or ,of such debts -and liabilities of the company as may

have been contracted before he ceases to be a member, as the case may be, and of the costs,. charges and expenses of winding up, and for

adjustment of the rights of the contributories among. themselves, such amount as may be required, not exceeding, a specified amount.

(iii)

(iv) In the case of company having a share capital:

(a) unless the company is an unlimited company, the memorandum shall also state the amount share capital with which the company is to be registered and

the division thereof into shares of a fixed amount;

(b)

(c)

no subscriber of the memorandum shall take less than one share;

each subscriber of the memorandum shall write opposite to his name

number of shares he takes.

4. The memorandum of association of a company shall be in such forms as

may be applicable in the case of company or in a form as near thereto as

circumstances admit.

The memorandum shall:-

(i) be printed,

(ii) divided into paragraphs numbered consecutively,

(iii) be signed by each subscriber (who shall add his address,

description occupation if any).

5.

6. (i) No company shall be registered by a-name which, in the opinion of the

Government of Sikkim, is' undesirable.

(ii) without prejudice to the generality. of the foregoing power, a name

which is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, may be deemed to be undesirable by the

Government of Sikkim within the meaning of sub -clause (i) above.

7. A company may, by special resolution and with the approval of the Sikkim Government signified in writing, change its name.

165

8. (i) Where a company changes its name in pursuance of Clause 7, the

Government shall enter the new name in the register , in place of the former name, and shall issue a fresh certificate of incorporation with necessary alteration embodied therein;

and the change of name shall be complete and effective only on the issue of such a certificate.

(ii) The Government shall also make the necessary alteration in the memorandum of association of the company.

(iii) The change of name shall not affect any rights or obligations of the

company, or render ,defective and legal proceedings by or against it; and any legal pro-ceedings which might have been continued or commenced by or against the company in its

former name may be continued by or against the company by its new name.

9. There may in the case of a public company limited by shares, and there shall in

the case ,of unlimited or a company limited by guarantee or a private company limited by shares, be registered with the memorandum, article,:; of association signed by the

subscribers of the memorandum prescribing regulations for the company.

10. Articles shall- '

(i) be printed ;

(ii) be divided into paragraphs numbered consecutively; and

(iii) be signed by each subscriber of the memorandum of association (who

shall add his address, description and occupation, if any), in the presence of at least one witness who shall attest the signature and shall likewise add his

address, description and occupation if any;

There shall be presented for registration to the Government of Sikkim the

memorandum of the company;

its articles, if any

the agreement, if any, which the company proposes to enter into with

any individual, firm or body corporate to be appointed as its managing agent or with any firm or body corporate to be appointed as its secretaries and

treasurers.

II. (i)

(a)

(b)

(c)

12, (i) On the registration of the memorandum of a company the Government shall

certify under its seal that the company is incorporated and, in the case of a limited company, that the company is limited.

(ii) From the date of incorporation. mentioned in the certificate of incorporation, such of the subscribers of the memorandum and other person, as may

from time to time be members of the company, shall be body corporate. by name contained in the memorandum, capable forthwith of exercising all the

functions of an incorporated company and having perpetual succession and a common seal. .

13. A certificate of incorporation' given by .the Government in respect to any association shall be conclusive evidence that all the requirements of this

Act have been complied with in respect of registration and matters precedent and incidental thereto, that the association is a company authorized to be registered and duly registered under this Act,

166

14,. (i)For the purpose of the registration of companies under this Act

there shall be offices at such places as the Government of Sikkim thinks fit

(ii) The Government of Sikkim may appoint such officer .it thinks necessary

for the registration of companies under this Act and may make regulations

with respect to their duties

I5 The following table of fees shall be paid to the Registrar together with ,

appropriate application for registration of companies:

(i) In respect of a company having share capital:

(a) For registration of a company whose nominal share capital does

not exceed Rs. 20.000 a fee of Rs. 5'000

(b) For registration of a company whose nominal share capital exceeds

. Rs. 20.000 the above fee of Rs. 5'000 with the following additional

fees regulated according to the amount of nominal capital:-

I. For every Rs. 10.000 of nominal share capital, or part of Rs.

10,000 after the first Rs, 20.000 upto Rs. '5'0000

2. For every Rs. 10,000 of nominal share capital, or part ,of

Rs. 10.000 after the first Rs. 5',00,000

3. 'For every Rs. 10,000 of nominal share capital, or part of

Rs. 10,000 after the first Rs. 5' ,00,000 upto Rs. 10,00,000

4. For every Rs. 10,000 of nominal share capital, or part of

Rs. 10,000 after the first Rs. 10,00,000 upto Rs. 25',00,000 Rs. 10.00

5'. For every Rs. 10,000 of nominal share capital, or part of

Rs. 10,000 after the first Rs. 25',00,000 '

Rs.

25.00 Rs. 15.03

Rs.

12.00

Rs.

7.50

(c) For filing a notice of any increase in the nominal share capital of a company" the difference between the fees payable on the date of filing the notice for the

registration of a company with a nominal share capital and the fees payable, on such date, for the registration of a company with a share capital equal to the nominal capital of

the company filing the notice immediately before the increase.

(d) For filing, registering or recording any document by this Act or

authorised to be filed, registered or recorded, other than the memorandum or the abstract required to be filed with the Government a fees of Rs. 7.5'0 np. shall be payable,

The same fees shall be payable with an application to the Government ,as to whether name of a company proposed to be registered, is undesirable within the meaning of the

Act. 16. Notwithstanding any thing contained in this Act, the Government may refuse

to register any company under this Act without assigning any reasons thereto, if the Government considers that the objects of such a company are not in the interests of Sikkim. The decision of the Government of Sikkim shall be final in this respect and binding on the applicants. No appeal can be made against the decision.

17. Notwithstanding anything contained in this Act, the Government of Sikkim reserves the right to make rules and regulations from time to time for the proper conduct and administration of any company registered under this Act

This Act was published in Sikkim Durbar Gazette in January, 1962-Ed.

167

SIKKIM DURBAR GAZETTE, FEBRUARY, 1962. PART III.

Notification No. 1385/H.

Dated Gangtok, the 20th February, 1962.

In exercise of the powers conferred under Section 14 (i) and 14 (U) of the

Registration of Companies Act, Sikkim, 1961, as published in the Government Gazette of January, 1962, the - Govt. of Sikkim has appointed the Chief Magistrate as the officer to

whom an application for registration of companies, as envisaged in the said Act, should be addressed.

The Chief Magistrate's Office located at Gangtok will function as the place where registration of companies will be conducted.

Registration of Companies Act, Sikkim, 1961.

Amendment

For item 2 Clause Is(i) (b) read as follows:

"For every Rs. 10,000/- of nominal share capital, or part of Rs. 10,000/- after

the first Rs. 50,000/- upto Rs. 5,00,000 .............................. .Rs. 15.00 "

The existing entries in item 2 Clause 15(1) (b) are hereby cancelled after this amendment.

-

168

PART III

Rules, Orders, Press Notes, etc.

HOME DEPARTMENT

Notification No.1155 /H

Dated Gangtok, the 12th October, 1962.

The following Proclamation of His Highness the Maharaja of Sikkim is hereby

notified ;

Whereas it is expedient to provide for the rights of Sikkimese women married

to persons other than Sikkim Subjects to acquire, hold and dispose of immoveable property

in Sikkim and to ,provide for rules of succession to property held by such Sikkimese women.

NOW, THEREFORE, .His Highness the Maharaja of Sikkirn has been pleased to

make and promulgate the following Regulation;

I. Short title and extent (i) This Regulation may be called Married Women's Property Regulation,

1962;

(ii) It shall extend throughout the territory of Sikkim.

2. This Regulation shall come into force on such date as may be appointed for

the purpose by His Highness the Maharaja of Sikkim.

3. In this Regulation the term (a) "Sikkimese" means a person who is a Sikkim

Subject at the time or her marriage (b) "Law" means Statutes, regulations, rules and inclu.

des customary law.

4. A Sikkimese woman who holds immoveable property in Sikkim at the time

of her marriage shall continue to hold such property notwithstanding her marriage with

~

a person who is not a Sikkim Subject and shall have the power to dispose of such property either by sale, mortgage or otherwise to a Sikkim Subject during her life-time.

5. A Sikkimese: woman married to a person who is not a Sikkim Subject shall have no right to acquire any immoveable property or any interest in such property in the territory of Sikkim subsequent to her marriage.

6. If ,a Sikkimese women marries a person who is not a Sikkim Subject the husband and any offspring born of that marriage shall acquire no interest in any immoveable property which she may hold in Sikkim by virtue of Section 4 of this Regulation.

7. Notwithstanding the provisions of any other law to the contrary any immoveable property in Sikkim which may be held by a Sikkimese woman at the time of her marriage shall not on her death devolve on her husband if she held been married to a non-Sikkim Subject nor shall it be' inherited by Any offspring of such marriage.

8. Any immoveable. ,property held by a Sikkimese woman married to a person

who is not ,a Sikkim Subject is contemplated in Section 4 of this Regulation shall devolve on her death and be inherited by such person or persons who would have been regarded but for her marriage -as her next of kin under the rules for intestate succession, provided

always that such next of kin in order to succeed to such property is a Sikkim Subject.

This Regulation was published in Sikkim Durbar Gazette dated 12.l0.1962-Ed.

169

HOME AND, POLICE DEPARTMENT

Notification NO.848/HP.

Dated Gangtok, the l0th December, 1965.

I. It is hereby notified that every:.foreigner , entering Sikkim or residing therein shall be required to obtain a Work Permit from the Chief Secretary' or any other Officer authorized him in this behalf before he can take up or continue in any employment for gain within the State of Sikkim. .. .

2. Any foreigner, who has obtained or continues in .such employment without the grant of a Work Permit shall be liable to be: deported from Sikkim forthwith.

3. All foreigners, .-at present residing in Sikkim and engaged in' any such

employment, shall procure work permits by 1st. February, 1966, failing which they will be liable to be deported from Sikkim.

4. Any person acting in contravention of this order, including a person who employs a foreigner without a valid work Permit, as required above, shall also be liable to.

a fine which may extend to one hundred rupees and in default thereof to I5 days simple imprisonment.

5. A citizen of India shall not be deemed to be foreigner for the purposes of this

notification.

6. The Government of Sikkim may frame rules for ,carrying out the purpose and

objects of this notification. Any contravention of such rules shall be punishable with fine which may extend to Rs. 10000 in default thereof 15 days simple imprisonment.

THE SIKKIM WORK PERMIT RULES, 1965

In pursuance of the Notification No. 848/HP, Dated Gangtok, the 10th December.

1965, the Government of Sikkim is pleased to make and promulgate the following Rules.

I. Short title and extent:

(i) These Rules may be called Sikkim Work Permit Rules, 1965.

(ii) It shall extend throughout the: territory of Sikkim.

2. Commencement:

These Rules shall come into force on such date as may be specified for pur-

pose by the Government.

3. Definitions:

(a) Foreigners - means all foreigners not being Indian nationals: (b) District Officer - means the Administration Officer of the Government of

Sikkim, in charge of a District.

170

(c) Government - means the Government of Sikkim

(d) Rules means "the Sikkim Work Permit Rules 1965

(e) Permit means Sikkim Work Permit.

4 'These rules are applicable to :

(a) -All foreigners entering Sikkim and residing therein or already residing in

Sikkim and engaged in any employment for gain or otherwise before the enforcement of

these Rules;

(b) an such foreigners, if any, entering Sikkim or residing therein shall obtain

a Work Permit before they can take up or .continue in any employment for gain

or otherwise within the territory of Sikkim; .

(c) all such foreigners, if any. who are already residing in Sikkim and en-

gaged in. any such employment for gain shall procure Work Permit by 1st February, 1966.

5 Authority to Issue Work Permits:

(i) The Chief Secretary to the Government may authorize the District

Officers of Sikkim to issue such Work Permits on his behalf.

(ii) Every foreigner' shall apply for the Permit in the prescribed form as given

in Appendix I to the District Officer of the area where he intends to stay

temporarily on his own behalf and on behalf of his family members, if

any, in the prescribed form as given in Appendix 2.

(iii) The District Officer, on being satisfied as to the correctness of the par-

ticulars given, shall prepare such permit (as given in Appendix 3) in

triplicate in each case and issue one to the foreigner concerned

(applicant), the second to be kept in his office for record and the third to

be sent to the Police Thana of the area', where the foreigner intends to

take or has already taken any employment.

(iv) The District Officer has the right to make such enquiries which he deems

necessary and to satisfy himself about the correctness of the particulars

given and statements made therein. .

(v) The Government reserves the right to refuse such Permit or to cancel

the already issued Permit, on proper grounds.

Validity of the Permit:

(i) A permit once issued shall be valid for a period of one year from the

. date of issue.

(ii) on completion of one year a Permit is renewable within 30 days for

the succeeding year.

(iii) The permit holder shall deposit the Permit in the Office of the District

officers or Police of the area where the permit holder last stayed or at

the check post at the time of his permanent departure from Sikkim.

(iv) If any permit holder ,who leaves Sikkim after depositing the Permit in

accordance with the rule 6(iii) happens to re-visit Sikkim, he shall

again have to apply for a fresh Permit a, is to he done by a new entrant.

6.

17l

7. Forms:

(i) Necessary forms will be available at the District Offices on payment of

25 paisa each.

(ii) Forms should be properly filled in ink giving the necessary details as

required.

8. Fees:

(i) Each application form available in the District Office will cost 25 paisa

as fee to cover expenses.

(ii) On completion of one year, Permit is renewable on payment of an

annual renewable fee of Rs. 3.00 each to cover expenditure-on account

of administration.

(iii) The District Officer shall maintain two separate Registers showing the

fees collected in accordance with Rules 8(i) & (ii).

(iv) The District Officer shall submit a monthly statement showing the

:number of applications received. No. of Permits issued, No. of Permits

renewed, fees collected from them and such other particulars as may be

required, to the Chief Secretary, Government of Sikkim.

9.

(i) Any foreigner, who procures or continues to be in employment without

obtaining a Work Permit as required under Para 4- (b) of this Rule, shall be liable to a fine which may extend to Rs. 100.00 or in default thereof

to undergo I5 days simple imprisonment or deportation from Sikkim forthwith.

(ii) Any foreigner who, being already in Sikkim and engaged in any employment, fails to procure Permit within the specified date as given

in Para 4 (c) of this Rule shall be liable to punishment as specified above under Rules. 9 (i). Any person who, in contravention of the

Rules, employs a foreigner without a valid Permit, as required in Rule (4) (b) shall be liable to a fine which may extend to one hundred rupees

and in default thereof to undergo I5 days simple imprisonment.

Offences and Punishments:

THE SIKKIM RURAL INDEBTNESS ACT1966 An Act to consolidate the laws relating to the Dadani, Mashikata and the Biyaz in Sikkim

It is hereby enacted as follows:

I. Short Title, Extent and Commencement.

(i) This Act may be called the Sikkim Rural indebtedness Act, 1966.

(ii) It extends to the whole of Sikkim

(iii) It shall come into force at once.

2. Definitions.

(i) Dadani.

"Dadani" means pledging to a creditor by a cultivator or land-owners of the

produce of any land, in consideration of cash or kind, with the price or quantity of such -

produce prefixed.

(ii) Mashikata.

," Mashikata" means :

(a) mortgaging of land to a creditor as security for repayment of any

advance, or interest thereon, together with transfer of right to the

creditor to enjoy the produce of that land, until repayment

or

(b) transfer of land for a specified period to a creditor together with

right to enjoy the produce of that land for that period, in consideration

of the principal and interest of any advance obtained.

(iii) Biyaz.

"Biyaz" means mortgaging of land, to a creditor together with, right to enjoy

the produce of that land as interest for so long as the principal loan remains unpaid.

3. No person shall enter into any transaction of Dadani, Mashikata or Biyaz Or

have any right interest or title to any land or the produce of any land, on grounds of any

agreement of Dadani, Mashikata or Biyaz.

4. Any obligation, in cash or kind, or any right interest or title that may have

arisen or may arise out of the terms and conditions of any Dadani, Mashikata or Biyaz,

shall be void and unenforceable.

S. Any creditor granting Dadani, Mashikata or Biyaz, in contravention of this Act

shall upon conviction by a Magistrate of the First Class be liable to a fine equivalent to

double the amount advanced thereunder and may also be punished with a term of

imprisonment not exceeding three years.

6. Any person obtaining Dadani, Mashikata or Biyaz in contravention of this Act,

shall upon conviction by a Magistrate of the First Class be liable, for the first offence to a

fine not exceeding Rs.' 100.00 and in default to two week simple imprisonment

and for any subsequent offence to a fine not exceeding Rs. 500.00 and in default to two

months simple imprisonment.

- 7. Any offence under this Act shall be a cognizable one.

s. No provisions in this Act shall be deemed to affect in any way any of the

provisions of Revenue Order No. I dated I7th May, 1917.

CHOGY AL OF SIKKIM

This Act was published in

dated 23.9. 1966 Sikkim Dar bar Gazette Extraordinary,

173

GOVERNMENT Of S1KKIM

HOME DEPARTMENT

Notification No. 845/I I

Dated Gangtok, the 20th August, 1968

In partial modification of Section 4- of the Sikkim Rural Indebtedness Act, 1966,

it is hereby notified that a creditor may recover through normal process of Law, any

amount, being only the principal sum of Loan advanced prior to the coming into

force of the aforesaid Act.

174

SIKKIM DARBAR GAZETTE, DECEMBER 1966 '

Act passed and assented to by The Chogyal of Sikkim.

THE SIKKIM OFFICIAL SECRETS ACT, 1966.

An Act relating to Official Secrets.

Dated Gangtok, the 23rd December, 1966.

It is hereby enacted as follows :

Short title, extent and application:

I. (I)This Act may be called the Sikkim Official Secrets ACT .1966,

(2)It extends to the whole of Sikkim and applies also. to servant

of the Government of Sikkim and to subjects of Sikkim out.

side Sikkim.

Definitions:

2. In this Act, unless there is anything repugnant in the subject or context:.

( I) Any reference to a place belonging to Government includes

a place occupied by any department of the Government, whe-

ther the place is or is not actually vested in 'Government;

"prohibited place" means any place belonging to or used for the

purpose of Government of Sikkim which is for the time being

declared by that Government by notification in the Official

Gazette, to be a prohibited place for the purposes of this Act or

of any other law for the time being in force.

Penalties for spying:

3. If any person for any purpose prejudicial to the safety or interest of

the State :

(a) approaches, inspects, passes over or is in the vicinity of, or

enters any prohibited place; or

(b) makes any sketch, plan, model, or note which is calculated to be or

might be or is intended to be, directly or indirectly, detrimental to the security of

the State;

(c) obtains, collects, records or publishes or communicates to any other

person any secret officials code or password, or any other document or

information which. is calculated to be or might be or is intended to be, directly or

indirectly, detrimental to the security of the State; he shall be punishable with

imprisonment for a term which may extend to fourteen years.

Wrongful communication of information:

4-. ( I) If 'any person having in his possession or control any secret official

code or password or -any document or information which relates to

or is used in a prohibited place or relates to anything in such a place, or which

has been made or obtained in contravention of this Act, or which has been

entrusted in confidence to him by any person holding office under Govern

ment, or which he has obtained or to which he' has had access having been'

Government servant or as a person who holds or has held a contract made on

(2)

175

behalf of Government, or as a person who is or has been employed under a person

who holds or has held such an office or contract :

(a) wilfully communicates the code or password, document or information to

any person other than a person. to whom he is authorised to communicate it, or a

Court of Justice or a person to who it is, in the interests of the State, his duty to

communicate it ; or

(b) uses the document or information in his possession in any

manner prejudicial to the safety of the State;

, he shall be guilty of an offence under this Section.

(2) If any person voluntarily receives any secret official ,code or password or

any document or information knowing or having reasonable ground to believe, at

the time when he receives it that the code, password, document or information is

communicated in contravention of this Act, he shall be guilty of an offence under

this Section.

(3) A person guilty of an offence under this Section shall be punishable with

imprisonment for a term which may extend to fourteen years, or with fine, or with

both.

Unauthorised entry to prohibited place:

5. If any person for the purpose of gaining admission or of assisting any other

person to gain admission to a prohibited place or for any other purpose prejudicial

to the safety of the State :

(a) uses or 'wears, without lawful authority, any official uniform or any uniform

so nearly resembling the same as to be calculated to deceive, or falsely represents

himself to be a person who is or has been entitled to use or wear any such uniform,

or

(b) orally, or in writing in any declaration or application, or in any document

signed by him or on his behalf, knowingly makes or connives at the making of any

false statement or any omission ; or

(c) retains any official document, whether or not completed or issued for use,

when he has no right to retain it, he shall be punishable with imprisonment for a

term which may extend to ten years, or with fine, or with both.

Attempts, incitements, etc.

6. Any person .who attempts to commit or abets the commission of an offence

under this Act shall be punishable with the same punishment, and be liable to be

I proceeded against in the same manner as if he had committed such offence.

Penalty for harboring spies:

7. (I) If any person knowingly harbors any person whom he knows or has

reasonable grounds for supposing to be a person who is about to commit or who

has committed an offence under Section 3 or under Section 3 read with

Section 6 or knowingly permits to meet or assemble in any premises in this

occupation or under his control any such persons, he shall be punishable with

imprisonment for a term which may extend to five years or fine, or with both.

Palden Thondup Namgyal,

Chogyal of Sikkim

b This Act has been repealed by the Official Secrets Act, 1923- Ed.

176

SIKKIM DARBAR GAZETTE OCTOBER. 1967. PARTIII

SIKKIM VACCINATION ACT. 1967

Short title, extent and application.

This Act may be called the SIKKIM VACCINATION ACT, 1967 and shall apply to the whole of Sikkim.

It shall come into force at once.

Definitions.

In this Act. unless there is Anything repugnant in the subject or context.

"Parent" means the father of a legitimate child and mother of an illegitimate

J.

2.

I..

child

2. "Guardian" includes any person who has accepted or assumed the care of

custody of any child.

3. "Unprotected Person" means an individual above the age of 6 months who

has not 'been duly protected against small-pox by having had the disease either naturally

or by having been successfully vaccinated/revaccinated once in 2 years or who has not

been certified under this Regulation to be- insusceptible to vaccination.

.4. "Vaccinator" means any vaccinator authorized by the Government of Sikkim

to perform the operation of vaccination.

5. "Competent authority" means any person or authority declared to be a competent

authority for any or all of the purposes of this Regulation.

3. Liability to Vaccination.

(a) The parent or guardian of any unprotected child immediately after such

child attains the age of 6 months, shall have such child vaccinated by a vaccinator.

(b) Any person above the age of 6 months shall have vaccination/revaccination

every alternate year

(C) The Government of Sikkim may also, by public notification, declare that any

person upon his entry into Sikkim, must satisfy a competent authority that be has been

successfully vaccinated, failing which such person will be required to be vaccinated by a

vaccinator, at any place and within such period, as may be specified in the notification:

Provided that any person who may satisfy a competent authority that be objects

to being vaccinated on grounds of religion, or conscience may be exempted from the

provisions of this Section by a competent authority

.4. Measure to ensure vaccination.

(a) Regular mass vaccination by vaccinators' village to village visits will be carried out in such a way that half of the population will be covered in one year and the

remaining half in the following year. Thus the entire unprotected population will receive vaccination once in every 2 years.

177

the copy of mass vaccination programme will be endorsed well in time, amongst others to the Panchayat Officers and the Secretary Panchayat concerned Besides

regular mass vaccination ,facilities for vaccination will be made available in the nearest hospital or dispensary for the- benefit of those who per chance miss vaccination during

vaccinators visit'. to his. village.

(b) A competent authority shall ascertain whether all persons required to be vaccinated under Section 3 have been vaccinated and if he has reason to believe that such person parent or guardian, as the case may be, has omitted to do or" nor complied with the provisions of Section 3, he shall forthwith give vaccination' to such person. parent, or guardian or caused to be affixed to his house a notice requiring that the vaccination be done at a time and place to be specified in such notice.

5 Report to District Officer.

If such notice is not complied with, the competent authority shall report the matter to the District Officer and the District Officer receiving such report shall summon the defaulter and demand his explanation, and shall, if such explanation is satisfactory, made an order in writing directing such person to comply with the notice before a date specified in the order.

6. Procedure when order not obeyed.

If on such date the order has not been obeyed, the Magistrate shall summon the defaulter before him, and unless cause or excuse-is shown, shall deal with the disobe-

dience as an offence punishable under Section7

7. Punishment. Whoever violates the provisions of this Regulation or neglect without just cause to

obey an order made under this Regulation or the rules made thereunder, shall be liable to be punished with fine which may extend to fifty rupees. .

8. Power to make Rules.

The Government of Sikkim. may make rules, consistent with this Act, for its

proper enforcement.

This Act was first published in Sikkim Darbar Gazette-dated 25th - September,

1967-Ed.

Sections

]. 2.

3 4 5 6. .

7 8.

9 10

1-0.

.

.

. . 1

12

13

14

15

16

17

. 18.

19.

20.

21.

178

THE STATE BANK OF SIKKIM PROCLAMATION, 1968

CHAPTER .1

Preliminary

Short title and commencement. Definitions.

CHAPTER II

Incorporation and Share Capital of The State Bank of Sikkim

Establishment of the State Bank of Sikkim. Share Capital and shares. Register of shareholders Trusts not to be entered into register.

CHAPTER III

Management

Offices, branches and agencies. Management. Composition of the Board. Term of office of Chairman, Vice-Chairman, Managing Director, etc Disqualification for directorship. Vacation of Office of directors, etc. Removal from office of directors, etc. Casual vacancy. Remuneration of directors. Powers and remuneration of managing director. Executive and other committees of the Board. Meetings of the Board.

CHAPTER IV

Business of the Bank

Business of the Bank.

CHAPTER V

Regulation of Business of the Bank

Provisions to override all the other provisions of the Proclamation.

Prohibition of trading

22.

23.

24.

25.

26.

27.

27A

28.

29.

30.

31.

31'A

32 33.

34

.

35

3'6.

37

38.

39.

40.

41.

42.

43.

44. 45 .46.

47.

179

Disposal of non-banking assets. Prohibition of employment. Prohibition of charge on unpaid capital. Prohibition of floating charge on assets. Restriction as to payment of dividends. Maintenance of a percentage of assets. Acts and Liabilities in Sikkim and return to Government. Monthly returns and power to. call for other returns and information. Restriction on loans and' advances. Restriction on 'power to remit debts. Inspection of the . Bank. .

Bank to comply with Government policy, and direction.

CHAPTER VI

Funds, Account and Audit

Accounts and' balance-sheet. Submission of returns. Disposal of profits and establishment of reserve fund. General ,Meetings

CHAPTERVII Miscellaneous

Bank may appoint officers and' other employees. Obligations as to fidelity and secrecy' Bar to liquidation of Bank. . Indemnity of directors. "Defects in appointment or constitution not to invalidate acts or proceedings. Delegation of powers. Authentication of orders of Government. .Removal of difficulties. . Offences. Penalty for contravention of any provision of the Proclamation. Applicability of commercial laws. Power of Board to make regulation.

180

PROCLAMATION OF THE CHOYAL PALDEN THONDUP NAMGYAL

.

Dated Gangtok. the 24th June. I,968

WHEREAS it .. been our earnest desire to constitute

a bank for. providing banking facilities in the. State . to

mobilize capital for economic development and to stimulate trade and

industry and diverse other public purposes.

NOW. THEREFORE. by virtue of powers 'vested in us under the laws and usages of the State and in exercise thereof, we are pleased to proclaim and ordain. and It is. hereby-, proclaimed and. ordained as.. follows,.

CHAPTER I

Preliminary

I. (1.) This Proclamation may be .cited ..as the State. of Sikkirn Proclamation. 1968.

(2) This chapter ,has-come into force.. at once and the other provisions of the Proclamation shall come .into force on such date as the Chogyal may by, Proclamation appoint on different dates may be appointed for bringing into force the. different provisions of the Proclamation

1.. In this Proclamation. unless the context otherwise requires

(a) "approved security means.

(i) promissory notes. debentures. stock- or other securities of the Government of Sikkim or of the Government of India or any State Government in India or the securities of any other Government as notified by the Government of Sikkim in this behalf:

Provided that securities both the principal where of and the interest whereon. shall have been fully and unconditionally guaranteed by any such Government, shall be deemed, for the purpose of this clause. to be securities of such Govern. ment.

(ii) Debentures or other securities for money issued under

the authority of any law in force in Sikkim, India or on behalf

of any municipal body, port trust, or city improvement trust

in Sikkirn or in India or in any other country as may be

notified by. the Government of Sikkim. (b) "the .Bank"

means the State Bank of Sikkim constituted under this

Proclamation.

(c) "Board" means. the Board of Directors of the Bank.

.

,

181

(d) "Chairman" means the Chairman of the Board of

Directors of the Bank.

( e) "demand liabilities" means liabilities which must be

met on demand and "time liabilities means liabilities which are

not demand liabilities.

(f) goods means every kind of moveable property other than

actionable claims and money; and includes bullion and specie, stock and shares, growing crops, grass, and things attached to or forming part of

land which are agreed to be severed before sale or under the contract of sale-.

(g) "Messrs Jetmull Bhojraj" shall mean the partnership firm at present consisting of Sarvashri Devidayal Sukbani and Pratap Chandra

Sukbani and carrying' on business,. as bankers and merchants, inter alia at Gangtok under the name and style of Messrs Jetmull Bhojraj.

(h) .Reserve Bank" means the" Reserve Bank of India

established under the Reserve Bank of India Act. (Act II of . 1934 of India).

(i) "prescribed means prescribed by' regulation made

under this Proclamation.

(j) secured loan or advance means a loan or advance

made on the security of assets the market value of which is not at any

time less than the amount of such loan or advance; and "unsecured loan or advance mean a loan or advance not so secured.

(k) United Commercial Bank Ltd." shall mean the United Commercial. Bank Limited incorporated under the, Indian Companies

Act, 1913 of India and now having its registered office at 10, Brabourne Road, Calcutta, India.

CHAPTER II

Incorporation and Share Capital of State Bank of Sikkim.

3. (1) A bank to be called the State Bank of Sikkim shall he constituted to carry on the business of banking and other business in accordance with the provisions of this Proclamation.

(2) The Bank shall be a body corporate by the name of the

State Bank of Sikkim having perpetual succession and a common

seal and shall by the said name sue and be sued. J

(3) The Bank shall have power to acquire and hold property, whether movable or immovable, for the purposes for which it is

constituted and to dispose of the same.

.

.

182

4 1) The authorised capital of the Bank shall be one crore of rupees divided into one hundred thousand shares of one hundred . rupees each which .shall be issued, subscribed and allotted in the prescribed manner

Provided the authorised Capital may be increased by the Chogyal. from time to time, in his discretion

Provided further not less than fifty one percent of the share

capital at any time shall be held by the Government of Sikkim and not less than twenty percent by the United Commercial Bank Ltd. and the

balance by any individual or corporation.

(2) Shares of the .bank shall be transferable in accordance .with the regulation made in this behalf.

(3). The liability of the share holders .shall be limited to the amount, if any, unpaid on the .shares respectively held by them.

5. The Bank shall keep at .its central office a register in one

or more book, of the shareholders and. have enter therein the .

following particulars so far as they may be available :

(i) the names, addresses and. occupations if any, or the -

shareholders and a statement of the shares held by

each shareholder., distinguishing each share by its

denoting number;

(ii) the date on which each person is so entered as a-

shareholder; .

(iii) the date on which any person ceases to be a share.

holder; and

(iv) such other particulars as may be 'prescribed.

6. . No notice of any trust, express, implied or constructive, shall be entered in the register of shareholders or 'be receivable by the Bank :

Provided however that the shares held by the Government of Sikkim and the United Commercial Bank Ltd. may be held by them in the name of their nominees.

CHAPTER III

Management

7. (1)The central office of the Bank shall be .at Gangtok.

(2) The Bank may establish branches at any place within Sikkim or

outside.

.

.

.

183

8. (1) The general superintendence and directions of the

affairs and business of the Bank shall be vested in the Board which may,

subject to the provisions of this Proclamation, exercise all powers and do

all such acts and things as may be exercised or done by the Bank and

are. not by this Proclamation. expressly directed or required to be done

by the Bank in general meeting.

(2) The Board in discharging its functions shall act on business

principles, regard being had to public interest. and development of

banking. industry. trade and commerce in Sikkim.

9. The Bank shall consist of the following. namely:

(a) a Chairman and two directors to be nominated by

the Government of Sikkim.

(b) for the period of ten year.. from the commencement of this

Chapter, one managing director to be appointed by the Board with the

consent in writing of ...the United Commercial Bank Ltd. :

Provided that the first managing director may be appointed by

the Government of Sikkim, in consultation, with the United Commercial

Bank Ltd.

(c) one director to be nominated by the United Commercial

Bank Ltd.

(d) two directors to be elected in the prescribed manner

by the shareholders other than the Government of Sikkim and the United

Commercial Bank Ltd. :

Provided that the first director may be appointed by the

Government of Sikkim and, if so appointed, shall hold office till the next

annual general meeting of the Bank.

10. (1) The Chairman shall hold office for such term as the Government of Sikkim may fix when nominating him and shall be

eligible for re-nomination.

(2) A managing director shall hold office for a term not

exceeding five years to be specified at the time of his appointment or

until his successor is appointed and shall be eligible for re-appointments

(3) A director nominated by the Government of -Sikkim in pursuance of clause (a) of Section 9 and a director nominated by the

United Commercial Bank Ltd. in. pursuance of clause (c) of section 9, shall hold office during the pleasure of the nominating authority.

(4-) The directors elected under clause (d) .of Section,

.shall hold office for three years:

Provided that an elected director shall continue in office until his successor, has been elected and shall be eligible for re-election.

11. No person shall be

who qualified to be director of the Board

.

184

(a) holds an office of profit under the Bank other than

'the office of managing director or legal or technical director,. (b)is except in the: case of the managing Director. or the

Director nominated Under clause (c) of section 9,or an officer or employee of any bank; ,

(c)is or at any time been adjudicated an -insolvent or has suspended payment of his 'debts or has, compounded 'with his creditors; ,

(d) is declared lunatic or becomes of' unsound' mind;

(e) is or has; been convicted of .any offence involving moral turpitude; ,

(f) in the case of an elected director is not registered as a holder in his own right of unencumbered ,shares. in the Bank of .a nominal value of at least two thousand rupees. I 2, If a director of the Board ..

(a) becomes subject to any

mentioned in section 11 or'

(b ) resigns his office by giving notice in writing under his

hand, in the case of the Chairman or director nominated by the

Government of Sikkim, to that Government, and in the case of a

director nominated by the United Commercial Bank Ltd., to, that bank

and in the case of elected directors, to the Board and the resignation is

accepted; or

(c) is absent without leave of the Board for more than three

consecutive meetings thereof; his seat shall thereupon become

vacant.

of the disqualifications

I 3. ( I) The Government of Sikkim may remove from office the chairman, or the managing director, or any other director; including an elected director:

Provided that the managing director may be removed only after giving notice to him and in consultation with the United Commercial Bank Ltd :

Provided further that the Director nominated under clause (c) of Section 9, may be removed only with the consent in writing of the, United Commercial Bank Ltd.

(2) The shareholders (other than the Government of Sikkim and the United Commercial Bank Ltd.) may by a resolution passed by majority of the votes of such shareholders holding in the aggregate not less than one-half-of the share capital held by all such shareholders, remove any director elected under clause (d) of Section 9 and elect any other person to till the vacancy.

.

185

14. ( I) If the chairman is rendered incapable of discharging his duties by reason of infirmity or otherwise or is absent in circumstances not involving the vacation of his office, the Government of Sikkim may nominate another person to officiate in such vacancy.

(2) If the managing director is rendered incapable of discharging his duties by reason of infirmity or otherwise or is absent on leave or otherwise in circumstances not involving the vacation of his office, the Board may, on the recommendation of United Commercial Bank Ltd. appoint another person to act in his place during his absence..

(3) Where any vacancy occurs before the expiry of the term of office of an elected director, the vacancy shall be filled in by election:

Provided that the duration of the vacancy is likely to be less than six months, the vacancy may be filled by the remaining directors by co-opting a person not disqualified under Section II

Provided further that a person elected or co-opted, as the case may be, under this section, shall hold office for the unexpired portion of the term of his predecessor.

15 The directors shall be paid such fees and allowances for attending the meetings of the Board or of any of its Committees and for attending to any other work of the Bank as may be prescribed:

Provided that no fees shall be payable to the managing director or any other director who is an officer of the Government of Sikkim or of the United Commercial Bank Ltd.

(1) The managing director (a) shall be a whole-time officer of the Bank, and (b) subject to the general control of the Board, shall

exercise such powers and perform such duties as may be entrusted or delegated to him by the Board by regulations or otherwise.

(2) The managing director shall receive such salary and allowances as may be determined by the Board on the recommendation of the United Commercial Bank Ltd.

16.

Provided that in respect of the first managing director. the Government of Sikkim may on the recommendation of the United Commercial Bank Ltd. determine the salary and allowances payable to him.

17. The Board may constitute such and so many committees, including an executive committee, of itself as it deems fit to exercise such powers and perform such duties as may, subject to such conditions, if any, as the Board may impose, be delegated to them by the Board by regulations or otherwise.

.

186

,

18. (I) The Board shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business. at its meetings as maybe prescribed.

(2) To constitute a quorum at a meeting of the Board, not less than three directors shall be present of whom at least one shall be a person nominated by the Government of Sikkim and one shall be the Managing Director or the Director nominated. by clause (c) of Section 9.

(3) All questions at the meeting shall be decided by a majority of the votes of the directors present and in the case of equality of votes, the Chairman, or in his :absence the director presiding over the meeting shall have a second or casting vote.

(4) If for any reason the Chairman is not able to be present at a meeting of the Board, any director, other than the managing director, authorized by the Chairman in writing in this behalf, and in the absence of such authorization any such director elected by the directors present from amongst themselves, shall preside at the meeting.

CHATER IV

Business of the Bank

19. (I) (a) The Bank shall, if so required by the Government of Sikkim,

act as agent of the Government, accept moneys on account of the

Government and make payments upto the amount standing to the

credit of Government's account and carry out Government remittances

and other banking operation:., including the management of the public

debt of the Government.

(b) The terms and conditions on which the Bank shall

act as agent of Government and undertake other functions

for Government shall be such as may be approved by the Chogyal

(c) The Bank may, for the purpose of acting as agent of the

Government of Sikkim as provided in clause (a) appoint, on such terms

and conditions as may be agreed upon, Messrs Jethmull Bhojraj as its

agent, at any place in Sikkim where the Bank does not have a branch

and where there is an office of Messrs Jethmull Bhojraj.

(2) The Bank shall be authorised to carryon the business of

banking in an its forms without any restrictions whatsoever, including

accepting of deposits for the purpose of lending, withdrawal by

cheques, draft, order or otherwise.

(3) In addition to the business of banking, the Bank may

engage in anyone or more of the following forms of business, namely;

(a) the borrowing, raising, or taking up of. money, the lending

or advancing of money either upon or without security, the drawing,

making, accepting, discounting buying, selling, collecting

187

and dealing in bills of exchange, hundis, promissory notes, coupons,

drafts, bills of fading, railway receipts, warrants, debentures, certificates,

scripts, and other instruments and securities whether transferable or

negotiable or not; the granting and issuing of letters of credit, traveler’s

cheques and circular notes, the buying, selling and dealing in bullion

and specie; the acquiring, holding, issuing on commission, under writing

arid dealing in stock, funds, shares, debentures, debenture stock,

obligations, securities and- investment of all kinds in Sikkim and in

India; the purchasing and selling of bonds, script or other forms of

securities on behalf of constituents or others ,the negotiating of loans

and advances; the receiving of all kinds of bonds, scripts or valuables

on depositor for safe custody or otherwise, the providing of safe deposit

vaults, the collecting and transmitting of money securities;

(b) acting as agents for any local authority or any other

person or persons;- the carrying on of agency business of any

description including the clearing. and forwarding of goods, giving of

receipts and discharges and otherwise acting as an attorney on behalf

of customers;

(c) contracting for public and private loans and negotiating and

issuing the same;

(d) The effecting, insuring, guaranteeing, underwriting,

participating in managing and carrying out of any issue, public or

private, of State , municipal or other loans or of shares, stock,

debentures, or debenture stock of any company, corporation or

association and the lending of money for the purpose of any such issue;

(e) carrying on and transacting every kind of guarantee and

indemnity business;

(f) managing, selling and realizing any property which

may come into the possession of the Bank in satisfaction or part

satisfaction of any of its claims.

(g) acquiring and holding and generally dealing with any

property or any right, title or interest in any such property which may

form the security or part of the security for any loans or advances or

which may be connected with any such security;

(h) undertaking and executing trusts

(i) undertaking the administration of estates as executor,

trustee or otherwise;

(j) establishing and supporting or aiding in the establishment

and support of associations, institutions funds, trusts and

conveniences calculated to benefit employees or ex-employees of the

Bank or the dependents or connections of such persons; granting

pensions and allowances and making payments towards insurance;

subscribing to or guaranteeing moneys for charitable or benevolent

objects or for any exhibition or for any public, general or useful object;

.

.

188

(k) the acquisition, construction, maintenance and alteration of

any building or works necessary or convenient for the. purposes of the

Bank;

(1) selling, improving, managing, developing, exchanging, leasing, mortgaging, disposing or of tuning into account or otherwise

dealing with all or any part of the property and rights of the Bank; (m) acquiring and undertaking the whole or any part of

the business of any person or company, when such business is of a nature enumerated or described in this sub-section;

(n) doing an such other things as are incidental or conducive to the promotion or advancement of the business of the Bank;

(4) Nothing in the aforesaid provisions shall affect or abrogate

Article IV in the Indo-Sikkim Treaty,1950 and, to the extent, if any, the aforesaid provisions may be contrary to or inconsistent with the said

Article in the "Treaty, the former shall have no effect

CHAPTER V

Regulation or Business of the Bank

20. The provision of this chapter shall have effect

notwithstanding anything to the contrary in any other provisions of this Proclamation.

2 I. Notwithstanding anything contained in section 19 or in any contract, the Bank shall not directly or indirectly deal in the buying or selling or bartering of goods, except in connection with the realization of security given to or held by it, or engage in any trade, or buy, sell or barter goods for others otherwise than in connection with bills. of exchange of its business as is referred to "in clause (i) of sub-section (3) of Section 19.

22. Notwithstanding anything contained in section '.9, the Bank shall not hold any immovable property howsoever acquired, except such as is required for its own use,. for any period exceeding seven years from the acquisition thereof or any extension of such period as in this section provided, and such property shall be disposed of within such period or extended period, as the case may be:

Provided- the Bank may, within the period of seven years as aforesaid, deal or trade in any such property for the purpose of facilita-ting the disposal thereof:

Provided that the Chogyal may in any particular case extend

the aforesaid period of seven years by such' period or

periods as he may deem fit from time to time.

.

189

23. The Bank. shall not employ or continue the employ ment of any person;

(i) who is, or at any. time has been, adjudicated insolvent. or

has suspended payment or has compounded with his creditors or who is,

or has 'been, convicted by a criminal court of an offence involving moral turpitude; or

(ii) whose. remuneration is in the opinion of the. Government of Sikkim, excessive.

24-. The Bank shall not create any charge upon any unpaid capital of the Bank, and any such charge shall be invalid

.

.

25 . The Bank shall not create a floating charge on the undertaking or any property of the Bank or part thereof.

26. (I) The Bank shall not pay any dividend on its shares until all its capitalized. expenses (including preliminary expenses, organisation expenses, share-selling commission, brokerage, amounts of losses incurred and any other item of expenditure not represented by tangible assets) have been completely written off

(2) The Bank may pay dividends on its shares without writing off .

(i) the depreciation, if any, in the value of its investments in approved securities in any case where such depreciation has not actually been capitalized or otherwise. accounted for as a loss;

(ii) the depreciation, if any, in the value of its investments in shares, debentures or bonds (other than approved securities) in any case where adequate provision for such depreciation has been made to the satisfaction of the auditor of the Bank;

(iii) the bad debts, if any, in any case where adequate provision for such debts has been made to the satisfaction of the auditor of the Bank.

27. The Bank shall maintain in Sikkim and in India in cash, gold or unencumbered approved securities, valued. at a price not exceeding the current market price, an amount which shall not at the close of business on any day be less than 20 percent of the total of its time and demand liabilities:

Provided that after the expiry of one year. from the

commencement of Chapter IV the amount to be maintained in Sikkim shall not be less than 10 per cent of such total.

190

Explanation: For the purpose of this section

(a) "unencumbered approved securities" of the Bank shall include its approved securities lodged with another institution for an advance or any other credit arrangement to the extent to which such securities have not been drawn against or availed of.

(b) "cash" shall exclude any deposit made by the Bank for a period not exceeding 9 I days with any Banking company as may be notified by the Government of Sikkim.

27A. (1) The assets in Sikkim of the Bank at the close

of business on the last Friday of every quarter or, if that Friday is a public holiday in Sikkim, at the close of business on the

preceding working day. shall not be less than 50 per cent of its demand and time liabilities in Sikkim.

(2) The Bank shall within one month from the end of every

quarter submit to the Government of Sikkim a return in the prescribed

form and manner of the assets and liabilities referred to in sub-section (I) as at the close of business on the last Friday of the

previous quarter or, if that Friday as a public holiday in Sikkim, at the close of business on the preceding working day.

(3) For the purpose of this section

(a) "assets in Sikkim" shall be deemed. to include export

bills drawn in. and import bills drawn on and payable in Sikkim and expressed in such currencies as

Reserve Bank may from time to time approve in this behalf and also such securities as the Government of

Sikkirn may approve in this behalf, notwithstanding that all or any of the said bills or securities are held

outside Sikkirn. J

(b) "Liabilities in Sikkim" shall not include the paid' up capital or the reserves or any credit balance in the

profit and loss account of the Bank. (c) "Quarter" means the period of three months ending

on the last day of March, June, September to December.

.

2 8. ( 1 ) The Bank shall, before the close of the month succeeding that to which it relates submit to the authority designate

by the' Government of Sikkim a return in the prescribed form and manner showing its assets and liabilities in Sikkim as at the close of

business on the last Friday of every month or if that .Friday is a public holiday in Sikkim, at the close of business on the preceding

working day

(2) The Government of Sikkim may at any time direct the Bank to furnish it or the authority designated by it within such time

as may be specified by it with such statements and information

191

.

relating to the business or affairs of the Bank (including any business or affairs with which such bank is concerned) as the Government of

Sikkim may consider necessary or expedient to obtain for the purposes of

this Proclamation, and without prejudice to the generality of the foregoing

power may call for information every half year regarding the investments of

the Bank and the classification of its advances in respect of industry,

commerce and agriculture.

29. (I) The Bank shall not

make any loans or advances on the security of its own shares; or

grant unsecured loans or advances

to any of its directors or

to firms or private companies in which any of its

directors interested as partner or managing agent or guarantor or to individuals in cases where any

of its directors is a guarantor. (2) The Bank shall, before the close of the month succeeding

that to which the return relates, submit to the authority designated by the Government of Sikkim, a return in the prescribed form and manner,

showing all unsecured loans and advances granted by it to companies in cases (other than those in which the Bank is prohibited under sub-section

(I) to make unsecured loans and advances) any of its directors is interested as director or managing agent or guarantor.

(3) If on examination of any return submitted under sub section (2) it appears to the Government of Sikkim that any loans or

advances referred to in that sub-section are being granted to the detriment of the interests of the depositors of the Bank the Government of Sikkim

may, by order in writing, prohibit the bank from granting any such further loans or advances and impose such restrictions on the grant thereof as it

thinks fit and may by like order direct the Bank to secure the repayment of any such loan or advance within such times as maybe specified in the

order.

The Bank shall not, except with the prior approval of the Government of

Sikkim, remit in whole or in part any debt due to it by

(a)

(b)

(i)

(ii)

30.

(a) any of its directors or

(b) any firm or company in which any of its directors is interested as

director, partner, managing agent or guarantor, or

(c) any individual .or any of its directors is his partner or guarantor.

.

(2) Any remission made in contravention of the provision of sub-section

(I) shall be .void and of no effect.

31. . (I) . The Government of Sikkim may request. the Reserve Bank of

India to cause an inspection to be made, by one or more of its officers, of

the Bank and its books and accounts.

(2) It shall be. the duty of every director or other officer or

employee of the Bank to product to any officer of the Reserve Bank

making an inspection under sub-section (I) all such books, accounts and

other documents in his custody or power and to furnish him with any

statements and information relating to the affairs of the Bank as the said

officer may required of him within such time as the said officer may

specify.

(3) Any officer making an inspection under' sub-section (I) may

examine on oath any director or other officer of the Bank in relation to its

business and may administer an oath accordingly.

(4) The officer making the inspection shall report to the,

Government of Sikkim on any inspection made under this section and a

copy of the inspection report shall also be furnished .to Bank by such

officer and the Government of Sikkim may direct the Bank to take such

steps as it may deem necessary in the light of the findings of the

inspection.

31 A. (a) Where the Government of Sikkim is satisfied that

it is necessary or expedient in the public interest or in the interests

of depositors so to do, it may determine the policy in relation to

advances to be followed by the Bank and when the policy has

been so determined, the Bank shall be bound to follow the policy as so

determined.

(b) The Government of Sikkim may caution or prohibit the

Bank against entering into any particular transaction or class of

transactions and generally give advice to the Bank.

(c) When the Government of Sikkim is satisfied that it is

necessary or expedient in public interest so to do it may direct the Bank

not to carry out or comply with any resolution passed 'by its Board and

the Bank. shall comply with such direction.

CHAPTER VI

Funds, Account and Audit

32. (I) At the' expiration of each calendar year, the Bank shall

prepare with reference to that year a balance sheet and profit and loss

account as on the last working day of the year in the prescribed form or

as near thereto as circumstances admit.

(2) The balance-sheet and profit and loss account shall be

signed by the Managing Director and by at least two ,other directors.

192

'"

193

(3) The balance-sheet and the profit and loss account prepared

in accordance with sub-section (I) shall be audited by an auditor who shall be a Charted Accountant, to be appointed. by the shareholders in the

prescribed manner and the remuneration of the auditor shall be such as may be fixed by the shareholders.

(4) Every auditor shall be supplied with a copy of the annual balance-sheet of the Bank, and. it shall be his duty to examine together

with the accounts and vouchers relating thereto; and every auditor shall have a list delivered to him of all books kept by the Bank, and shall at all

reasonable times have access to the books, accounts and . other documents of the Bank, and may 'in relation to such accounts examine any

director or officer of the Bank. J

(5) The, auditor shall make a report to the shareholders upon the

annual balance-sheet and accounts, and in every such report he shall state whether in his opinion the balance-sheet is a full and fair balance-sheet,

containing all necessary particulars and properly drawn ,up so as to exhibit a true and correct view of, the state of the affairs of the Bank, and in case

he has called for any explanation or information from the Board whether it has been given and whether it is satisfactory.

(6) The Government of Sikkim may at any time issue directions

to the auditor requiring him to report to it upon the adequacy of measures taken by the Bank for the protection of its shareholders, depositors and

other creditors or upon the sufficiency of that procedure ,in auditing the affairs of the Bank, and may at any time enlarge or extend the scope of

the audit or direct that a different procedure in audit be adopted and direct that any other examination be made by the auditor if the

Government-of Sikkim so desires.

3.3. The .account: and balance-sheet referred to in section 3 2

together with the auditor's report :shall be' published in the prescribed manner and the copies thereof shall be. furnished as return to the

Authority designated by the government within three months of the period to which they refer :

Provided that the Government of Sikkim may extend the said

period of three months for .the furnishing of such returns. .

34. {I) After making provisions for bad and doubtful debts,

depreciation in assets, equalization of dividends, contribution to stall and superannuation funds and for .all other matters for which

provision is necessary. by or under this Proclamation or which are usually provided for by bankers, the bank may. out of its net profits,

declare dividend.

(2) The rate of dividend shall be determined by the Board with the approval of the Government of Sikkim.

194

(3) The Bank shall create a reserve fund and shall, out of

the balance of profit of each year as disclosed in the profit and loss account prepared under Section 32 and before any dividend is declared,

transfer to the reserve fund a sum equivalent to not less than twenty percent of such profit.

35. (I) A general meeting therein after referred to as the annual general meeting) shall be held annually at Gangtok or any other place in Sikkim

where there is an office of the bank within six months from the date on which the annual accounts of the Bank are closed or such extended

time as the Government of Sikkim may allow from time to time on a request from the Bank; and a general meeting may be convened by the

Board at ,any other time.

(2) The shareholders present at the annual general meeting

shall be entitled to discuss the annual accounts, the report of the Board on the working of the Bank throughout the year and the auditors' report

on the annual balance sheet and accounts.

CHAPTER VII

Miscellaneous

36. (I) The Bank may appoint such number of officers, advisors

and employees as it considers necessary or desirable for the decent

performance or its functions, and determine the terms .,and conditions

of their appointment and service.

(2) The officers, advisors and employees of the Bank shall

'exercise such powers and perform such duties as may. be entrusted

or. delegated to them by the Board by regulations or otherwise.

3 7. ( I) The Bank shall observe, except as otherwise required by law,

the practices and usages customary ,among bankers, and, in

particular, it shall not divulge any information relating to or to the

affairs of its constituents except in circumstances in which it is, in

,accordance with the law or practice and usage customary among

bankers, necessary or .appropriate for the bank to divulge such

information.

(2) Every director, auditor, .advisor, officer or other’ employee of the

Bank shall before entering upon his duties, make .a declaration of

fidelity. .and secrecy in the prescribed form.

38 The Bank shall not be' placed in liquidation by order of the Chogyal

,and in such manner .as he may direct.

39').( I) Every director shall be indemnified by the bank against all

losses and expenses incurred' by him in or in relation to the

discharged or his duties except such ,as .caused by his own willful act

or default.

195

(2) No director shall be responsible for any loss or expense:

caused to the Bank by the insufficiency or deficiency of the value of or

title to any property or, security acquired or taken. on behalf of the Bank

or by the insolvency or wrongful act of any customer or debtor or by

anything done in or in relation to the execution of the duties of his office

or otherwise than for his willful act or default.

40. (I) No act or proceeding of the board or Committee shall be

questioned on the ground merely of the existence of any vacancy or

defect in the constitution of the Board or Committee, as the .case may be.

(2) All acts done by any person acting in good faith as a

director or as a member of a Committee, shall notwithstanding that there

was some defect in his appointment. or qualifications. be as valid as if

he was a director of the Board or a member of the Committee, as the

case may be.

41.The Board may, by general or special order, delegate to the Chairman,

or any' other director or other officer of the Bank, subject to such

conditions' and limitations, if any, as may be specified in the order, such

of its powers .and duties under this Proclamation as it may deem

necessary.

42.. For the purpose of this Proclamation any order made. and

executed in the name of the Government of Sikkim shall be auth-

enticated under the signature of the Principal Administrative Officer of

the Government of Sikkim or the Chief Secretary to the said

Government and the validity of an order which is so authenticated shall

not be called in question on the ground that it is not an order made or

executed by the Government of Sikkim.

43. (I) If any difficulty arises in giving effect to the provisions of this

Proclamation', the Chogyal may, make such provision as appear to him

necessary or expedient for removing the difficulties.

(2) An order under sub-section (I) may be made so as to have

retrospective effect.

44. (I) Whoever in any bill of lading, warehouse receipt or other

instrument given to the Bank whereby security is given or is purported

to be given to the Bank for any accommodation granted by it under this

Proclamation wilfully makes any false statement, or knowingly permits

any false statement to be made,. shall be punishable with imprisonment

for a term which may extend to two years or with fine which may extend

to five times of the value of the. instrument.

(2) Whoever, without the consent in writing of the Bank uses the

name of the Bank in any prospectus or advertisement shall be punishable

with imprisonment for a term which may extend to six months or with fine

which may extend .to five thousand rupees, or with both.

(3) No Court shall take cognizance of any offence punishable under

this Proclamation otherwise than on a complaint in ,writing signed by an

officer of the Bank authorised by the Board in this behalf.

.

.

196:

45. The 'provisions. .of this.' 'Proclamation and of any rules or orders made thereunder shall have no effect on any other law

,

45.A'(a) If any provision of this Proclamation is contravened or any default is

made in complying with any requirement of the Proclamation or any order rule or direction made or on conditions imposed thereunder any person guilty of such contravention or default shall be

punishable with fine which may extend to five hundred rupees and where a contravention or default is a continuing one with a further fine which may extend to one hundred rupees per day

for every day during which the contravention or default continues

(b)provisions of sub section (3)of section 44 shall not apply in this section

46 To facilitate the proper working of the bank ,the Chogyal may by proclamation enact for the state laws on contracts , negotiable instruments ,partnerships , sale of

goods and other subjects dealing with commerce ,trade and industry

47(1)The Board may with the previous sanction of the Government of Sikkim

make regulations not inconsistent with the proclamation to provide for all matters for which

provision is necessary for the purpose of giving effect to the provisions of this proclamation

(2)In particular and without prejudice to the generality of the foregoing power

,such regulation may provide for

(a)the holding and conduct of election under the proclamation including the

final decision of doubts and disputes regarding the validity of elections

(b)the manner in which and the conditions subject to which the first

allotment of shares of the bank shall be made

(c)the manner in which and the conditions subject to which the shares of

the bank may be issued held and transferred and generally all matters relating to the rights and duties of the shareholders

(d)the manner in which general meetings shall be convened , the procedure

to be followed and the manner in which the voting rights may be exercised

(e)the calling of meetings of the Board and of its committee , fees and

allowances for attending the meeting and the conduct of business

(f) the delegation of powers and functions of the board to the Chairman

and Managing Director and other officers of the bank

(g)the provisions of an official seal of the bank and the effect of its use

.

.

197

(h) the manner and terms of issue and redemption of bonds of

debentures by the Bank;

(i) the conditions which the Bank may impose in granting loans or 'advances

(j) the forms of returns and statements 'required under this

Proclamation (k) the duties 'and conduct, salaries, -allowances and conditions of

service of officers and other employees and of advisors. and agents of the Bank

(I) the establishment and maintenance of provident or other benefit funds for employees of the Bank

(m) the disclosure of interest, 'direct or indirect, 'of a Director in ,any Company having dealing with the Bank

, (n) appointment of advisory committees for technical and other

advice for purposes of this Proclamation, fees 'and allowances for

attending meetings thereof and the conduct of business thereat;

(0) the election of an auditor

(p) generally, the efficient conduct of the affairs of the Bank, and

any other matters that may be prescribed.

SEAL .Palden Thondup Namgyal

Chogyal of Sikkim.

Dated' Gangtok,

24th June, 1968.

This Proclamation was first published in Sikkim Darbar Gazette Extraordinary,

dated

24/.6/. 1 968-Ed.

198

THE SIKKIM BAZAR COMMITI'EES ACT, 1969.

An Act to provide for the establishment and administration of Bazar Committees in Sikkim.

I. Short Title: extent and commencement

(I)

(2)

(3)

This Act may be called the Sikkim Bazar Committees Act, 1969.

It extends to the whole of Sikkim..

It shall come into force at once.

2. Constitution of Bazar Area

I. The Government of Sikkim, may by notification, declare any area to be a Bazar Area for the purpose of this Act and, until otherwise directed, the number in the State will remain as specified in the Schedule.

2. The Chogyal of Sikkim may, by notification, suspend the operation of the whole or part of this notification in any area or areas to which it may have been extended and make any alternative arrangement deemed necessary.

3. Membership of Bazar Electorate

On the publication of a notification under Section 2 in respect of any Bazar area, all persons whose names are included in the list of voters referred to in Section 4 shall be deemed to constitute a Bazar electorate for the area.

4. List of voters to Bazar Committee

Every person not below the age of 21 years, who has been ordinarily resident

of .any Bazaar area for three years immediately preceeding an election to a Bazar

Committee and is the head of a family and pays. any of the taxes, namely ground rent,

local tax, land rent, frontage tax or trade licence fees, whether in his own name or on

behalf of the Firm which he represents as proprietor or manager provided the Firm is in

existence for a period of not less than three years, shall be included by officers,

empowered by the Government, in the list of voters entitled to vote in the election to the

Bazar Committee for that area:

Provided that such officers, shall publish draft electoral Rolls at least three

weeks in advance of an election, fix at least a period of one week for hearing of objection

for correction, inclusion and exclusion and have the power of revision as they deem

necessary; and publish the final electoral Rolls at least ten days before the holding of the

election:

Provided further that any appeal in this connection will be heard by the Chief

Secretary .

199

5. Bazar Committee

(I) The Bazar Committee shall, besides the Chairman, consist of five' members

to be chosen .as hereinafter provided.

(1) The District Officer in his absence the Deputy Development Officer shall

be ex-officio Chairman of a Bazaar Committee in his area

(3) Sikkim Subjects included as voters in any bazar electorate' shall choose, in the

prescribed manner, from that electorate two Sikkim subjects to be members of the Bazaar

Committee' concerned and persons including in any bazar electorate, not being Sikkim

'subjects, shall similarly choose two non-Sikkim Subjects to he members thereof.

(4) The Chogyal; may. nominate one person to be a member who shall exercise

the same rights and discharge the same duties as any elected member. '

(5) The term of office,' of a member of a. Bazaar Committee shall he three years

unless the life of the committee is ,extended superseded. or dissolved earlier.

(6) A Bazaar committee may appoint it, own Secretary from amongst its

members

6, Conduct of business of Bazar Committee

(I)Meetings of the Bazaar Committee shall be called by the Chairman and

shall be held in a place in within that bazaar area as he may' notify.

(2)An ordinary meeting of the Bazaar Committee shall be held once in every

months and its agenda shall be held circulated amongst all the members. '

(3) The Chairman. may at any time . and shall upon a requisition in writing by

not less than three members of the of a Bazaar Committee or the Executive Officer,

Bazar call a 'special meeting.

(4) Every meeting' shall be presided over by 'the, District Officer and in his

absence by the Deputy Development Officer.

(5) (i) For any meeting of the Bazaar Committee the Chairman and three

members shall form the quorum and decision of the majority. shall be binding in all

matters, The Chairman, shall not be entitled. to vote in the first instance, but when

voting is equal he shall have a casting vote

(ii)The voting will be by show of hands

(6)Notice for bazaar committee meeting shall be sent to every member at least

five days before the date fixed for the meeting

(7)Minutes of the proceedings of every meeting shall be recorded in English at

the time of meeting in a book kept for the purpose and shall be signed by the Chairman

of the meeting before the meeting disperses

(8)The bazaar committee secretary shall send copies of the proceedings of all

meetings to the executive officer and also he will send a quarterly report to the

executive officer which will be approved by the bazaar committee

(9)Resolutions of the Bazaar Committee shall be carried out by the Secretary

who shall be the Executive Officer of the Committee

200

7. Filling up Casual Vacancies of Bazar 'Committee

, If a member of Bazar Committee dies, resigns in writing, or is removed or

other wise a vacancy is created, the Committee shall take steps to fill up such vacancies under direction of the District Officer and in the manner prescribed for such elections.

. Disqualification of Members of a Bazar Committee .

A person shall be disqualified for being chosen as, and for being, a member

of a Bazar Committee if he ;

8.

(a) is .not included in the electoral roll for the Bazar Committee concerned

( (b) is below the age of 30years on the date of selection; or

(c). has been absent from 5 consecutive meetings of the Committee; or

(d) has been convicted of an offence involving moral turpitude; or

(e) has been dismissed from Government service or is black listed by the

Government; or

(f)has contested on a party or political platform or upon election associates

. himself in any manner, in the discharge of his duties as a member, with

any political group or party; or

(g) applies to be declared as uncertified bankrupt or undischarged insolvent; or

(h) holds any office of profit under the Government provided that a nominated

member shall be exempted from the operation of this clause; or

(i) holds any contract under the Committee of which he is a member.

9. Duties and functions of Bazar Committee

A Bazaar Committee may be entrusted with such duties and functions relating

to health, welfare and ,amenities of the residents of the Bazar area, as may be prescribed by the Government in that behalf from time to time and in particular with the following :

(I) Construction, maintenance, repair, improvement and cleansing of roads, bridges, squares, gardens, tanks, ghats, wells, channels, drains, latrines and urinals within a bazaar area. .

Planting trees, bamboos and flowers.

Maintenance of water supply and the lighting and watering of roads.

Erection and maintenance of public halls, offices and other buildings

required for the purpose of the Bazar Committee.

. Maintenance of market.

Acquiring and keeping of open spaces for the promotion of physical

exercise and recreation.

Establishment and maintenance of free public libraries and reading rooms.

(2)

(3)

(4)

(5)

(6)

(7)

-

10.

201.

Taking. precautionary measures against incidents of 'fire. Provision of burial and cremation grounds. Maintenance of Vital Statistics. . .

Holding of fairs.

Disposal of noxious diseased or unclaimed animals.

Establishment and maintenance. of cattle pounds. .

Taking of such measures as may appear to .the .Bazar Committee' to be

necessary during the prevalence of diseases or as ordered by Government.

Construction and maintenance of Dharmasalas.

Other works of public utility calculated to promote the health, comfort or

convenience of the inhabitants.

Bazar Committee Fund

There shall be a fund vested in the Bazar Committee and it shall be utilized to meet expenditure in -,connection with their aforesaid duties. Accounts of such funds ,shall be kept in the prescribed manner.

II. Powers of taxation

The following taxes may be collected by a Bazar Committee within its area with the approval of the Government.

(a)

(b)

(c)

water tax,

Conservancy. tax,

Cattle pound fees:

Provided that as long as' a. Bazar contractor is authorised to collect any of these taxes under his contract, the Bazar Committee shall not levy or' collect such tax for that period.

12.

Credit to the Bazar Committee Fund

Besides the taxes collected by a Bazar committee, the Government may make a grant of any amount to meet the cost (If any specific scheme, which has been approved by the Government for general purpose.

11 Preparation of Budget of Bazar: Committee

A Bazaar Committee shall .annually prepare and submit a' budget, showing the

probable estimate of receipt, expenditure the' purposes to incur expenditure and. may,

from time to time, furnish a supplementary estimate providing .any modification which

it may seem advisable to make in the distribution of the .amount to 'be raised and

expenditure in each financial year to the executive officer bazaar. .AII such budgets,

including any subsequent reappropriation, shall require' prior approval of the'

Government.

(8)

9)

'10)

(11)

(12)

(13)

(14,)

(15)

(16)

202

14 General Power of Inspection, Supervision and Control

(I) The Panchayat Secretary, the Executive Officer, Bazar, and such other officer as may be empowered by the Government in this behalf shall have general power of inspection, supervision, and control over the performance of the administrative duties of a Bazar Committee.

(2) Any person aggrieved by the decision of a Bazar Committee may also appeal against the same to the Panchayat Secretary for redress of his grievances, where. upon necessary action may be taken by such officers.

15. Dissolution or Super session of Bazar Committee

,

If the Government are of opinion that a Bazar Committee makes default in the performance of the: imposed upon it by or under this Act or any other Regulation or Act or abuses its power, they may, after giving sufficient opportunity to show cause to contrary, by an order in writing, specifying the reason, for so doing, dissolve or super-sede, the. Committee concerned,

16 Taking of Oath

Every person who is...elected or nominated to be a Member of a Bazar Committee shall before taking his seat take .at .a meeting of the bazaar. committee an oath to be administered by the Chairman, 'in the following form, namely:

"I, A B being.: a member of the.. .Bazaar Committee do swear

in the name of God (or solemnly' ,affirm) that I will faithfully discharge the duty upon which. I am about to enter and that I will not participate in or associate myself with any .act of disloyalty towards the Chogyals Government.

17. The Government may make rules for carrying out .any of the purposes of

this Act,

Chogyal of Sikkim

By Order J

Gangtok, D. DAHDUL,

The 10 th February, 1969. Chief Secretary, Government of Sikkim.

(this Act has been repealed by the Sikkim (Repeal and Miscellaneous Provisions Act 1985-Ed

203

Schedule of Bazar Area in accordance with Section 2 (I) of the Sikkim Bazar Committees Act, 1969.

S1. No. Bazar Area District

I.

2.

3.

4.

5.

6.

7.

East Sikkim. “” “”"

"

North Sikkim

West Sikkim'

South Sikkim

“ "

Gangtok including Deorali.

Singtam.

Rangpo

Mangan Geyzing. .

Namchi.

Jorthang including Nayabazar.

PROCLAMATION OF

I THE CHOGYAL PALDEN THONDUP NAMGYAL Of SIKKIM DATED THE 30TH. MARCH, 1972

WHEREAS it is expedient to constitute and regulate a Corporation for the purpose of promoting external and

internal trade in Sikkim. The Chogyal' of Sikkim is pleased to proclaim and ordain as follows:

This Proclamation may be cited as the State Trading

Corporation of Sikkim Proclamation of 1971.

In this Proclamation (a) "Board" means the Board of Director of the

Corporation. "Corporation" ,means the State, Trading

Corporation of Sikkim; "Financial Year" means the year commencing

on the 1st. day of April;

"Managing Director" means the Managing

Director of Corporation.

There shall he established a Corporation to be called the State Trading Corporation ,of Sikkim

with its. headquarters at Gangtok, Sikkim. The Corporation shall be a body corporate,

having perpetual succession and a common Seal with power to acquire, hold or dispose of,

property, both movable and immovable, and shall by the said name sue and be sued,

The authorised capital of the Corporation shall be Four Crore rupees, divided Into four lakhs

fully paid up shares of hundred rupees each, which shall be issued to the Government of

Sikkim. The general superintendence and direction of

the ,Affairs of the Corporation shall be entrusted to the Board of Directors, who may exercise all

powers and do all acts and things which may be exercised or done by the, Corporation.

The Board of Directors shall consist of five Directors: nominated by the Government of

Sikkim. Notwithstanding anything contained in sub.

section (I) two additional Directors may be appointed on the Board by the Government of

Sikkim. The Directors of the Board shall receive such

remuneration for attending any meeting of the Board may fix in this behalf, subject to the

provision that the Government of Sikkim may also place a limitation on the quantum of such

remuneration.

Short title.

Definitions.

Incorporation.

Share

Capitals.

Management

.

Board of Directors.

Remuneration of the Directors.

I.

2.

3.

4.

5.

6.

7.

204

(b)

(c)

(d)

(1)

(2)

(1)

(2)

Committee

Chairman

Managing

Director

Meetings of the

Board

205

The Board may from time to time appoint one or more Committee for.' the purpose of assisting the Board in the

efficient performance of its function:. The Government of Sikkim shall appoint one of, the

Directors nominated by it on the Board to the Chairman. of the Corporation.

10. ( 1) The Government of Sikkim shall appoint one of the

Directors nominated by it on the Board to be the Managing Director of the Corporation.

(2) The Managing Director shall exercise such powers on

behalf of the Corporation as may be delegated to him by the Board and approved by the Government.

The Board and the Committee constituted by it shall meet at such times and places and shall observe

such rules of proceedings in regard to the transaction of business and its meetings as may be determined by the

Board: Provided that the Board shall meet at least once in a

period of three months.

The Corporation may carryon to transact any kind of

business concerning purchase, holding, stocking, sale,

clearing, forwarding, export, and import and transaction of any kind of materials inside and outside Sikkim and to

do all other things as are determined or may be thought conducive to the Government of the above objectives or

any of them.

I3. (I) The 'Corporation shall constitute its board and all

receipts of the Corporation shall be carried hereto and all payments by the Board shall be made there from .

8.

9.

1 I.

Functions of the Corporation 12

Funds of the

Corporation

Disposal of profits

Audit

(2) All money belonging to the fund shall be deposited in

such manner as may be determined by the Board, and

approved by the Government.

14.. (I) The Corporation shall establish a reserve fund to such

extent, in such manner, and for such purposes as may

be determined by the Board and approved by the

Government,

(2) After making provision for reserve fund and for bad and

doubtful debts, depreciation of assets and all other

matters which may be specifically provided in this behalf

by the Board the ,Corporation shall out of its net' annual

profit, declare a dividend.

The affairs of the Corporation shall be audited by the

auditors appointed by the Board. I5'.

Budget

Monthly Report.

Returns.

Regulations

.

(This Proclamation was published in Sikkim Darbar Gazette Extraordinary dated 30/3/. I972 Ed.)

206

16. The Board shall in December each year prepare In

such form as it thinks fit a budget .for the next financial

year showing the estimated receipts and expenditure

during that financial year.

The Corporation shall furnish to the Government of

Sikkim a monthly report of its progress and activities

,and such .other information as the Government may

require.

The Corporation shall furnish to the Government of

Sikkim within six months of the close of the financial

year a statement of its assets and liabilities as at the

close of that year together with the Profit and loss

account for the year, auditors' report and the report of

the working of the Corporation during the year.

The 'Board shall make rules and regulations not

inconsistent with this Proclamation to provide for all

matter for which purpose of giving effect to the

provision of this Proclamation.

17.

18.

19.

SD/~PALDEN THONDUP NAMGYAL THE CHOGYAL OF SIKKIM.

,

SUPPLEMENTARY CHAPTER

ADDENDUM

CHAPTER

ON OLD LAWS

.

OF

SIKKIM

209

EXTRACT FROM THE MINUTES OF THE COUNCIL MEETING HELD AT THE PALACE, GANGTOK, AT 11 A.M., ON THE 14th MARCH, 1913.

1. Marwaris in Sikkim.

It was resolved that the present rules prohibiting Marwaris. from settling in Sikkim except in Gangtok, Rangpo and Rhenock without the ,permission of the Political Officer should be applied to Gangtok, Rangpo and Rhenock also, and that there may be one uniform set of rules throughout Sikkim. It was further resolved that Marwaries shall not be allowed to increase the size of their shops or other buildings or to build fresh shops or' other buildings in any place without the leave of the Political Office

Circular No. 2 S.

(ST AMP DEPARTMENT)

Y0ur attention is hereby drawn to the accompanying rules for the introduction

and sale of revenue and Judicial Stamps in Sikkim, and you. are directed :

(I) to make these rules widely known ,in your Elakha ; and

(2) to warn all Bustiwallahs that these Stamps must not be affixed to letters

etc. intended for the post.

The values of the Stamps to be introduced are as follows :.. 1.

One Anna Eight. annas One Rupee Five Rupees

And the Stamps .are obtainable from the undersigned as provided for; ‘in rules 3 and 4.

3 People residing within the limits of the Gangtok Bazar will apply direct to the Chief Court and not to the Gangtok Kazis for stamp they require.

Gangtok, Sikkim

The 7th December’ 1916

Tashi Namgyal

Maharaja 'of Sikkim.

Rules relating to the introduction and sale of Revenue and Judicial stamps in Sikkim

Landlords are hereby directed to inform their bustiwallas and others living in their elakas that, with effect from the 1st January 191 7. no Court fees are to be paid in cash on petitions, etc., submitted by them in the various court; in Sikkim.

2 . Instead of the cash payment all persons must purchase stamps 'after them to petition. etc.

3. Stamp will be obtainable only from landlords for servants duly approved of by His Highness the Maharaja to whom application should be made who will submit an application in form A. (attached) to the Maharaja for the stamps they require.

,.

210

4. Applications received. through the post will .not be .attended to unless the land.

lord or duly approved servant is present in Gangtok to take over the stamps.

5. For their trouble in disposing of the stamps landlords will be given as commission six (6)

pies in every rupee's worth of stamps sold, e.g., if a landlord sells in any one month stamps

worth Rs 10 he will receive from the State/5/ as commission. Fractions

of a rupee will not be taken into account.

6. At the beginning of each month (not later than the 10 th) landlords will submit

to the Maharaja an account in form B (attached) showing the various kinds and quantities

of stamp: sold during the previous month.

7. This account must be accompanied by the amount realized on sales, less the com mission referred to in rule 5.

8. Any person. found selling stamps at a price over and above the actual value will be severely punished. Landlords will be held responsible that bustiwallas do not cheat each other in this respect.

9. Landlords are not empowered to try such cases which must be reported at once to His Highness the Maharaja for trial.

10. Copies of the form' referred to in rules 3 & 6 above are obtainable, free of cost

on application to the State Printing Works, Gangtok.

?

Dated, Gangtok

The 7th November, 1916.

T. Namgyal, Maharaja of Sikkim.

FORM A

(Referred to in rule 3, Circular No. 3 5. dated the 7th November, 1916)

TO

HIS HIGHNESS THE MAHARAJA of SIKKIM

(STAMP DEPARTMENT)

Please supply me with the following stamps:

Number required. Total value.

One Anna

Eight Anna

One rupee Five Rupee

Total Note:- The number of stamps required of each value must be written in words

not figures

---- ------.-.--

Dated

The

--

-(Signature of the landlord), 191

Received the above stamps,

Dated Gangtok,

The 191 (Signature of Landlord).

Printed at State Printing Works Gangtok, No.2 75'- 1,000- 5'.12.16.

211

SIKKIM STATE

Judicial Department

Veterinary Section

Notification No.6

An Act for the Prevention of

Cruelty to Animals in SIKKIM.

'WHEREAS it is expedient: to make provision for the prevention of cruelty to animals ; It is enacted as follows :- .

I. The act shall extend to the whole of the Sikkim State and shall come into force with effect from the date of the issue of this notification.

2. In this act, the word "animal" shall be taken to mean any domestic or tamed quadruped, or any domestic or tamed bird. . 3 Every person who shall cruelly and wantonly beat, ill treat, abuse, torture, overdrive or over load or cause to b e beaten, ill treated, abused, tortured, over driven or over laden any animal shall he liable to a fine. which may extend to one hundred rupees. 4. Every person who shall incite any quadrupeds or birds, whether domestic or wild, to fight, or shall bait any animal, or shall aid or. shall abet anyone in so doing, shall be liable to a fine which may extend to fifty rupees.

5 Every person who shall wilfully and knowingly permit any animal, of which he may be the

owner, to go at large in any public street, road, or thoroughfare while such animal is affected

with contagious or infectious disease, or shall wilfully permit any diseased or disabled, animal,

of which he may be the owner, to die in any public street, road or thoroughfare shall he liable

to a fine which may extend to one hundred rupees.

6. If any person employs in any work or labour any animal which by reason any of disease,

infirmity, wound, sore or other cause, is unfit to be so employed, or permits any such unfit

animal in his possession or under his control to be so employed he shall. be punished with

fine which may extend to one hundred rupees.

,7. (a) The Sikkim Darbar may, by general or special order, appoint' places to be infirmary

for the treatment and care of animals in respect of which offences against this Act have'

been committed:

. (b) The Veterinary Hospital at Gangtok is now appointed a place for the treatment and

care of such animals.

(c) The Magistrate before whom a prosecution for such an offence has been instituted may

direct that the animal in respect of which the offence is proved to have been committed shall

be sent for treatment and care to an infirmary and be there detained until it is, in his opinion,

again fit for the work, for labour on which it has been ordinarily employed..

(d) The cost of the treatment, feeding and watering of the animals in the infirmary shall be

payable by the owner of the animal, according. to . such scale rates as the

Magistrate, or the Veterinary officer may, from time to time prescribe.

212

(e) If the owner refuses or neglects to pay such cost and to remove the animal within

such time as the magistrate referred to in sub-section (c), may prescribe, such magistrate may direct that the animal be sold and that the proceeds of the sale be applied to the payment of

such cost.

(f) The surplus, if any, of the proceeds of the sale, shall on application made by the

owner within 2 months after the date of the sale, be paid to him.

8. A prosecution for an offence against this Act shall not be instituted after the expiration

of 3 months from the date of the commission of the offence.

9. All complaints of offence against the provision of this .Act committed in the Gangtok area; shall be heard and determined summarily by the Judicial Secretary.

10. Every charge of an offence against the provisions of this Act, alleged to have been committed out of Gangtok area may be heard and determined by any officer authorised to

exercise the powers of a magistrate by the Judicial Secretary in the place in which such offence has been committed.

Published by order of His Highness the Maharaja Sahib of Sikkim.

Sd- Pestonji Jamasji,

Dated Gangtok,

The 22nd, June,

1922.

W. Polden.

Judicial Secretary to

His Highness the Maharaja of

Sikkim.

SIKKIM. STATE

GENERAL DEPARTMENT

NOTICE

No .9004/G.

ALL LANDLORDS OF SIKKIM

. Attention of the general public is invited to the Sikkim Debt Law, 1910, rule VIII,

according to which no creditor is allowed to give Dadani for cardamom or other crops. It is imperative that this rule should be strictly observed. In future, if anyone is found infringing the

above rule, he will be severely punished. The landlords of Sikkim are requested to make this order widely known in their respective elakhas, and to report, not later than the 1st January

1925, of their having done so.

Gangtok.

the 4th November, 1924

General Secretary to His Highness the Maharaja of Sikkim.

213'

SIKKIM STATE GENERAL DEPARTM'ENT

Notification No. 385/G

All Kazis, Thikadars and Managers of Estates.

In continuation of the previous rules on the subject, His Highness, the Maharaja of

Sikkim is pleased to order that the Law of Registration applicable in the State shall be

amended. Notification No. 314 and2283-36/G.,dated the 23rdJanuary. 1907 and 19th JULY

1922, respectively shall be read and applied as under:- '

Any document such as mortgage and sale deeds and other important.

and deeds, etc. will not be considered valid unless they are duly registered

The contents... of an unregistered document (which ought in the opinion of the court

to have: been registered) may be provided in court but a penalty upto fifty times the usual

registration fee shall be charged. .

Exception:- Hand notes duly stamped shall be exempt from registration penalty.

BY ORDER OF HIS HIGHNESS THE MAHARAJA OF SIKKIM

Gangtok

The 11th April,

1928.

Gyaltsen Kazi General Secretary to H.H. the

Maharaja of Sikkim.

SIKKIM STATE

GENERA'L DEPARTMENT

Notification No: 2947 G.

Amendment of para 2 of Notification No: 385/G dated the 11th April, 1928.

An unregistered document (which ought in the opinion of the court to have been

registered) may however be validated and admitted in court to prove title or other matters

contained in the document on payment of a penalty upto fifty times the usual registration

fee.

Issued by order of H.H. the Maharaja of Sikkim.

Gangtok, The

22nd

Nov,46

T. Tsering (Offs) General Secretary to H.H. The' Maharaja of' Sikkim.

Copy of the memo no2553/C&F dated 18/9/1949 from the Dewan Sikkim State to the

Tahsildar East Sikkim.

A copy of Rule regarding registration of document (1930) is Sent herewith.

The seals of registration fees is one rupee fee every Rs.l00 or fraction thereof

on the value of property or properties.

214

SIKKIM STATE

RULES

REGISTRATION OF DOCUMENT

19 30

PRINTED AT SIKKIM SECRITARIATE

(G ANGTOK)

RULES REGARDING REGISTRATION OF DOCUMENT

I. The head registry Office, in Sikkim shall be at Gangtok and the registering Officer

at the Head Office shall be known as "Registrar". The registration work at the ‘HEAD Office shall be under the direct control of His Highness the Maharaja of Sikkim. Sub-Offices of the registry of deeds have been established at the following places in Sikkim;

I . Rhenock 7. Daramdin. 2. Rongli ,8. Chakung. 3. Namthang 9. Yangthang. 4. Turuk 10. Bermiok. 5. Sumbuk II. Yangang. 6. Namchi 12 .Lingmoo

The registering officers at the above places shall be known' as Sub-Registrar,

2. Four District books shall be kept in every registration Office.

Book No. I. Register of absolute transfers of property. .

Book NO.2 Register of other transfer of immovable property i.e. mortgage etc

Book NO.3 Register of decrees and orders of court and award of' arbitrators.

Book No. 4... General Register.

3' Entries made in such books would be' numbered in a consecutive 'numerical series commencing and terminating with ' a year.

REGISTRATION OF DOCUMENT IS PRIMARILY INTENDED' TO GIVE SECRITY TO THE TITLES AND RIGHTS

OF PERSONS PURCHASING PROPERTY' OR RECEIVING SUCH PROPERTY IN GIFT OR ADVANCING MONEY

ON' THE' . MOR.TGAGE OF IT OR TAKING IT ON LEASE.

(B) TO PREVENT INDIVIDUALS BEING DEFRAUDED BY BUYING OR

RECEIVING IN GIFT OR LENDING ,MONEY ON MORTGAGE OR

TAKING ON LEASE ANY SUCH PROPERTY THAT MAY' HAVE BEEN

SO PREVIOUSLY DISPOSED OF OR PLEDGED.

(C) TO OBVIATE AS FAR AS MAY BE PRACTICABLE LIGITATI0N RESPECTING THE AUTHENTICITY

OF WILL, ADOPTION OF SONS.

(D) AND TO KEEP AUTHENTICATED RECORD' OF PRIVATE DOCUMENTS SO AS TO PROVIDE

AGAINST ANY INJURY TO THE RIGHTS AND PROPERTY OF INDIVIDUALS ARISING FROM

THE LOSS OR DESTRUCTION OF DEEDS RELATING TO TRANSACTIONS OF THE

NATURE OF THOSE ABOVE SPECIFIED.

12 Every sub Registrar is likewise required to forward to the Head Office a similar abstract of every document affecting immoveable property registered by him

215

4. In addition to the said four books the Gangtok Registrar would keep two further books

entitled.

a) Register of deposit of will, and 'instrument adopting a son after death.

b) Register of wills and instruments adopting a son after death.

5. Every Sub-Registrar in Sikkim shall perform the duties of his office under the control and

superintendence of the Gangtok Registrar and latter would be authorized to issue (whether on

complaint or otherwise) any orders he might consider necessary in respect of any proceeding

or omission of any Sub-Registrar subordinate to him:-

6. The Registrar would be empowered to revise or alter any order of any Sub-Registrar

refusing to admit a document if an appeal against such orders was presented to the Registrar

within a month from the date of order.

PROCEDURE TO BE OBSERVED IN THE REGISTRY OF DEEDS

7. The person or persons executing the deed on' his or their authorised representative with

one or more witnesses to the execution of it, shall attend at the Registrar's office and prove by

solemn affirmation before the Registrar the' due' execution of deeds upon which the Registrar

shall cause an exact copy of the deed to be entered in the proper register and after having

caused it to he carefully compared with the original shall attest the copy with . his signature

and shall also cause the parties or their authorised representative in attendance to subscribe

their signatures to the copy and shall then return the' original with a certificate under his

signature endorsed thereon specifying the date on which such deed was so registered with

REFERENCE to the book containing the registry thereof .and the page and number under

which the same shall have been entered therein.

8. The registrar shall on application being made to him allow all persons to ins

pect the Register books as well as grant copies of all deeds registered by him to persons

whom they may concern and such copies in the' event of original being lost. destroyed or not

Forthcoming. shall be received as sufficient evidence of such deeds.

9. The Registrars arc required not only to preserve with care the powers of attorney which

may he produced by person'; acting on behalf of others to procure deeds to be registered but

to cause all such powers of attorney to be regularly entered in a separate book to he kept for

that purpose.

10. All . erasures; or alterations appearing in the document must be attested by the parties

to it with their signatures before such document could be accepted for registration.

II. An abstract of every document affecting immovable property registered in the Head Office

of Gangtok with an endorsement showing the date on which it was registered and its

number in the registrars book shall be forwarded within seven days from the date of the

registration to the Elakhadar of the elakha wherein the property affected by the document is

situated

13 A memorandum of every decree or order made by a Civil Court affecting the validity of any registered instrument relating to the immoveable property shall be sent to the office registering such instrument

14 Any person desirous of registering his wills or any instrument adopting a son may deliver such will or instrument either personally or by an authorised agent in a sealed cover subscribed with the name of the depositor and the nature of the instrument to the Registrar Gangtok who would satisfy himself as to the identity and authority or person presenting it

The Registrar shall then enter the receipt of such sealed: cover in the proper'

register,

.I5. A sealed cover could be withdrawn by the depositor upon 'obtaining an Order in that

behalf from His Highness the Maharaja of Sikkim.

16. If on the death of depositor a sealed cover, an application is made to the Registrar to open

the same, the Registrar upon satisfying himself that the depositor was dead shall in the

presence of the person making such application and two other reliable witnesses, open the

sealed cover and enter a copy of the contents thereof in the register of wills.

When such copy has been entered, the Registrar shall re-deposit the original will

on instrument. .

17. Ordinarily registration would be made at the proper Office, but on special cause being

shown, the registering officer might in his discretion attend at the residence of any person

desiring to register or deposit an instrument.

18. Every Sub-Registrar or Registrar. who refused to register a document shall record his

reasons for such refusal and on the application of any party to the instrument, such officer

shall give the party so applying a copy of the reasons so recorded.

19. If a document presented for registration is in a language not understood by the Registering

Officer and not commonly used in Sikkim, it shall be accompanied by a true copy.

20.All instruments required to be registered (Excepting a will) shall be produced within four

months from the date of execution thereof, but if any instrument owing to unavoidable. delay

has not been presented within the time prescribed above, it would be lawful for the Registrar in

cases where the delay in presentation has not exceeded six months to direct that on payment

of a penalty not exceeding ten times the amount of the proper registration fee such instrument

may be accepted for registration.

21.A document required to be registered shall be presented either by the person executing it

or by the person claiming under it.

22.The Registration Officer after satisfying himself that the contents of the document do not

conflict with, the existing land laws and rules regarding the holding of immovable property in

Sikkim, shall proceed with the registering of the document in accordance with procedure

specified in paragraph (7).

23, The Registering Officer in his discretion give a public notice of the fact of a document

having been presented for registration and invite objections. In hearing objections raised

against the registering of a document, the registering Officer shall make no enquiry into the

merits of a disputed claims relating to any property mentioned in an instrument presented for

registration. He shall adjourn, the proceeding in registration to enable the parties to move the

courts. .

24-. No document relating to immoveable property shall be accepted for registration unless it

contains a description of the property sufficient to identify the same.

'25 If any person by whom the document purports to be executed denies its execution or if

any such person appears to the registering officer to be a minor, an idiot. or lunatic or if any

person by whom the document purports to be executed is dead, and his . representative

denies its execution, the registering Officer if a Sub-Registrar shall refuse to register the

document and refer the same to the registrar.

26. The Registrar on reference made to him under the preceding paragraph, shall is soon as

convenient: enter into an enquiry;

216

whether the document .has been executed

whether the applicant presenting the document for. registration is entitled.

to the registration .

If the Registrar finds that the .document has been. ,duly executed the applicant

is entitled to registration he shall order the document to be registered. compulsorily.

27: The. Registrar may for the purpose. of enquiry as mentioned ,above. . summon and enforce

the attendance of witnesses as if he were, a. Civil Court.

28Documents (other than wills) remaining unclaimed. in any. registration office for a

period exceeding three years may be destroyed.

2'9.Every court(including the Addas) granting a certificate of sale of immoveable property shall

send a copy of such certificate to the Registering Officer within the local limits of whose jurisdiction

the whole or any part of the immoveable property comprised in such certificate is situate and such

Officer shall file the .copy in, his book No. 1.

30. Every Officers causing the grant of a loan from the Darbar to any person shall send a copy

of any instrument whereby immoveable property is mortgaged for the purpose. of securing the

repayment of the loan and if such any property is mortgaged for the ,same purpose in the order

granting the loan, a copy also of that order to the Registering Officer within the local limits of

whose jurisdiction the whole or any part of the property so mortgaged situate.

3 I. In January of each year the following records of the. previous year shall be transferred from

sub-Registering Office to the Registrar's Office.

Completed Vols. of Register Book No.' I to 4.

32. The following records shall be permanently preserved in the Registrar's Office whether they

are already there or whether they are transferred thereto from the sub-Registering Office.

(a) (b)

(i) Register of documents and their indexes.

(ii) Register of power of attorney.

(iii) Reports of destruction of records and lists of the papers destroyed.

33' Every Registering Officer shall be responsible. for the preservation and safe custody of all

registration records, including those of previous years which have accumulated in or been

transferred to his office.

34. No documents, books or papers whatever shall be destroyed at any registration office

without the previous sanction of the Darbar.

Before any document is destroyed, an endeavor must always be made by the

Registering Officer in whose Office the document is kept to .induce the presentant thereof to

take it back.

35' The practice of wiping out incorrect words and figures in Register books with the finger or

scratching them out with a knife is prohibited in all Registration Offices. Correction in such

books must always be made with a pen. They must not be made by altering one word or

. figures into another, but the 'pen ‘must be drawn through the erroneous words of . figures

and the correct ones must be clearly written near or above these struck out of or opposite to

(hem in the right hand margin.

36. All corrections and interlineations in such books must be attested by ‘the Registering

Officer s initials which must be written not in. the middle of the erroneous words or .figures but

in a clear space close by.

218

37. When a Register book is closed, .certificate to that effect signed by the Registering Officer shall be appended at the end of the Written portion of the book and'. further certificate showing the

number of pages written upon shall be entered': by the Registering Officer in his own hand on the first page of the book.

38. On the presentation of document for registration, the Registering, Officer shall first satisfy himself that:-

a) it has been presented at 'the proper' office b) that it bears the proper stamp or is exempted from stamp' duty

(c)that it is a language commonly used in Sikkim (Nepalese) or is accompanied by a true translation into English language and a true copy,

(d)that in case of any interlineations, blank, erasure or alteration, ,rule has been, complied with, (e)that if the document relates to immoveable property, the description. 'of such

r

property is sufficient ,

that if the document contains a map or plan, it is accompanied by the the

copies of such map or plan,

g) that the document has been presented within the proper ,time,

h) that the document has been presented by the person authorised in that behalf.

39.When the executant of a document appears personally he shall be required to attest all

interlineations; blanks, erasures and alterations that are discovered in the document sought to

be registered or in its true copy.

a) When he appears by a representative the attestation of such a representative shall

be accepted if the interlineations, blanks, erasures and alterations are of unimportant character

or if due cause for such acceptance is shown.

40 When a document is presented to a registering Officer whose office is not the proper Office

for its registration he shall return it to the presentant with the endorsement "Returned for

presentation at the proper Office" .

41. Whenever it appears to a Registering Officer that a document presented for registration is

not duly stamped, he shall' impound the document and require the presentant to stamp the

document sufficiently in terms of Sikkim stamp rules, and if the presentant refuses to properly

stamp the document or' refuses to pay the proper registration fee the document must. be

returned at once to him with the endorsement "Registration refused"

.42. If any document in which a Registering Officer is personally interested either directly or

indirectly, is presented to him for registration, he shall recommend the, parties to present 'the

document at some other registration office and refuse. to register it. himself

43. If the requirements of the Law have been complied with in respect of all the particulars, the

following certificates shall be endorsed on the face of the document and shall be signed and

dated by ,the Registering Officer.. .

i) Presented for registration at ........................................A.M. (or P.M.) on the...

day of 19......... at the.........................Sub-Registry Office (or the Registrar's..., Office) by A B

son of C. D. of. . . . . . . . .. by caste. . . . . . . . . . .. ' by profession . . . .., . . . . . (or by attorney

for E.F. one of the claimants under a power No ............................... .for 19) authenticated by

the Sub-Registrar of .. . . ... . .. . . . . . . . . . . . .. Signature of presentant

Sign ............................... .of Registering Officer.

ii)Executor is admitted by A.B. son of C.D. of caste.

profession.................................identified by E.F. son of' G.H of

profession. . . . . . . . . . . . . . . .. . .and E.F (identified) Sd. Witness.:

(f)

(

219

(When the. executant or his, agent. is personally known. to the Registering ..Officer

the words ,personally known to me should be substituted for the identification clause)

(When execution is admitted by an agent the following shall be added).

"Agent for K.L under power of attorney ,No. 193... .,) authenticated by the Sub- Registrar of ........ ..)"

(When execution is admitted by the representative a deceased person the following words shall be added).

"Representative for K.G. whose right to appear in such capacity has been proved to my satisfaction,"

(When ,any payment of money or receipt of consideration is acknowledged 1he following clause shall be added).

above A.B.). (The receipt of Rupees............, ............,. as consideration is admitted by the

iii) Registered in

Book No. Vol. No.

Pages. . . . . . . . . . . . . . . to, . . . . . . . . . . . Book No.., ................................ ,........ For the year......................

44 When a document occupies more than one sheet of paper, the seal and signature of the Registering Officer shall be attached to every sheet.

.45 After endorsing on the document the certificate referred to in the rules above, the Registering Officer shall enter the amount of Registration fee and fine (if any) on the do-cument close to the said certificate and at the same time make the requisite entry in 'the fee book.

,46' AIl endorsements made in the document by the Registering Officer shall be made in red ink except that signature thereto shall be made in red ink.

47' When a person who cannot write signs his name by means of a mark or a thumb, mark, his name shall be recorded at length and the writer of his name shall also sign his own name in attestation that the mark was affixed in his presence.

48. When the executant or document is unable to write or is not personally known to the Registering Officer, he shall in addition to signing his name imprint the mark of his

. left thumb on the document to be registered. The said mark shall be made "by a slightly rolled impression of the executant’s left thumb taken in printer's ink off a that piece of tin.

properly prepared for the purpose.

220

.49 The copy of every document in a Register book shall, be compared with the

original. by some person other. than the 'Copyist and the comparer shall append their signature with that date, to the copy in the book using respectively the words "Copied by' and

compared by.

50 . When there is not enough room on a document for the necessary endorsements, . they shall be made on a separate sheet of papers which shall be attached to the

document, (itself and) an explanatory note being at the same time made on the document itself and signed by the Registering Officer.

Nature and date of instrument and names

of executants.

Reasons for refusal Date of application for copy ofthe reasons for refusal.

51' Documents must be promptly returned after registration to the present ants or other,

persons authorised to receive them and the receipts taken from the parties must be pasted on to a receipt book.

.52. When documents are ,presented for registration, the presentants must be in. formed by

the 'Registering Officer on the probable date on which their documents will be ready for return. Every endeavor must be made to return the documents on such date,

5 3, Sealed covers containing wills deposited with a Registrar shall be examined

monthly and their condition on such examination shall be noted.

54 The Register Book No. I, 2, 3, & 4- shall have two margins.

On the left hand margin there shall be copied in red ink the value of the stamp on each document registered, the certificate of admissibility in receipt thereof and all the

endorsements relating thereto made in the Office. In the centre the documents itself shall be copied in black ink and the right hand margin shall be left vacant for notes.

55. The following is the form in which Register Book recording reasons of refusal to register

shall be kept.

REGISTER BOOK

RECORD OF REASONS FOR REFUSAL TO REGISTER.

No.

Date of presentation Registering Officers Date on which copy was furnished to the applicant.

Name of the presenting

I

Date........

party . Note of any order of Court.

221

.SIKKIM .STATE

GENERAL DEPARTMENT'No 2341-4/G.

. Sikkim: Darbar have approved of the .following ,definition of the word "Heirs" as

used in the opening para of the Patta lease of the various elakhas In Sikkim.

"The Word "Heirs".(as used in the opening paragraph. of. the Elakha lease) shall be

deemed to mean one heir only, in the direct. male lineal descent. of a deceased lessee. e.g.

son,. grandson, .great-grandson and so forth. It shall not. include collaterals- but an adopted

heir may be deemed a valid. heir, provided such adoption. is made in. writing with the express

consent of the Darbar. and tie deed of adoption is. registered according to. Law The Darbar

would be guided in future by the said definition in the selection. of a lawful heir for the renewal

of the Elakha leases on the demise of any lessee.

2. A printed draft of the ‘said definition is being sent herewith, which may kindly

be treated as an annexes to the lease. '

By Order of His Highness the Maharaja of Sikkim.

Gangtok,

The 17th June,

.1930

RUP NARAYAN,

General Secretary to

His Highness the Maharaja of Sikkim.

"The word "Heirs" (as used in the opening paragraph of the Elakha lease) shall be deemed to mean one heir only, in the direct male lineal descent of a deceased lessee e.g. son, grandson, great-grandson and so forth. It shall not include collaterals , but an adopted heir may be deemed a valid heir, provided such adoption is made in writing with the express consent of the Darbar and the deed of adoption is registered according to law."

SIKKIM STATE

General Department

No. 669/G.

All Elakhadars and Managers of elakhas in Sikkim and the Chief Court, Gangtok.

It is hereby directed that you' must follow the Revenue Circular No. I of 1917 also in Revenue Suits, viz, that no Nepali can purchase Bhutia or Lepcha's land unless special permission has been accorded by His Highness the Maharaja of Sikkim. No attachment and sale in Revenue Suits therefore should offend the spirit of the said Circular.

Gangtok,

Sikkim. The 21 May, 1931.

By Order of His Highness the Maharaja of Sikkim.

C.E. DUDLEY,

His Highness the Maharaja of Sikkim.

222

SIKKIM STATE

JUDICIAL DEPARTMENT

Notification No. 2717/J

SUBJECT:- CASTE DISPUTES.

It is hereby notified for the1nformation of the public as well as for the

guidance' of the Addas that the Sikkim Durbar do enjoin a strict "Laissez-faire" policy in a

matters not appertaining. to the State religion. The landlord courts are 'warned never in

future to take up the hearing of a dispute or try any civil or criminal. case .-rising out alleged

breach of caste rules of the Nepalese. If any such case does arise in any Elakha the

landlord must invariably refer it to the Chief Court who will take it up only if the case falls

within the purview of British India law applicable to the facts. Disputes regarding breaches

in the non-observance of caste practices are not taken up by courts in the District of

Darjeeling. Such disputes are settled by the people themselves.

The previous notifications on this subject viz; N0. 23.52-J., of 1923 and NO

3025-175-J., of 1935 are hereby cancelled.

By Order of His Highness the Maharaja of Sikkim.

Gangtok, Sikkim,

The 7th October, 1936.

SONAM TSERING for Judicial Secretary to

His Highness the Maharaja of

Sikkim

SIKKIM STATE

GENERAL DEPARTMENT

Notification No.2 756-2955/G.,

Be it known to all concerned that in modification of the Darbar's Notification

No. 1469-1769/G., dated the 28th July, 1936, the following Sections of the Indian Penal

Code will apply literally in Sikkim territory namely, Sections 367, 370, 371 and 374 the Indian

Penal Code. In particular the attention of the Landlords and State. Officials directed to

Section 374 of the Indian Penal Code which is quoted in extenso below:

Section 374-whoever unlawfully compels any person to labour against the will

of that person, shall be punished with imprisonment of either description for a term, which

may extend to one year, or fine. or with both.

It has also been ordered that compulsory labour, adequately paid on

standardized scale (locally called "Jharlangi") shall be resorted to. only when it is required

transport and for an administrative purpose, or .on any ceremonial occasions, as explained

in Darbar's Notification No. 4287/J., dated the 12th July, 1937.

By Order of His Highness the Maharaja of Sikkim.

Gangtok.

The 9th October, 1937'

B. Karthak, General Secretary to His Highness the Maharaja of Sikkim (Offg)

223

OFFICE OF THE DEWAN. SIKKIM STATE

Notification No. 160/OS.

Whereas it is desirable to adopt a substantive,. Criminal law. and the Indian Penal Code has hitherto) been used to guide the Courts, the Indian Penal Code as. it exist. on this date is now adopted and promulgated and will be enforced by the Courts throughout Sikkim with the modifications stated below:

(i) Section 30 3 - deleted.

(ii) Chapter 20 - deleted.

Gangtok,

The l0th July, 53. TASHI NAMGYAL

Maharaja of Sikkim.

SIKKIM STATE

HOME DEPARTMENT

Notification No. 1396/0.S.

Whereas it is desirable to amend Notification No. I 60/0S., dated the l0th July, 1953,

regarding, the adoption of a substantive Criminal Law, it is hereby notified that portion If (ii) Chapter XX - deleted" is withdrawn from the aforesaid Notification. The modification to the

Indian Penal Code will; therefore, relate only to Section 303 and not to Chapter XX. . BY ORDER OF HIS HIGHNESS THE MAHARAJA.

Gangtok,

The 1St October,

1954..

N. K. RUSTOMJI 1.C.S., Dewan, Sikkim State.

The following Proclamation issued by the Chogyal of Sikkim' is published;, for.

general information:- '

"PROCLAMATION' OF THE CHOGYAL OF SIKKIM DATED GANGTOK

THE 6TH AUGUST, 1971

WHEREAS it is expedient to amend the law of Sikkim as contained in the

Indian penal Code, in particular Section 295

It is hereby enacted as follows:

( I) Section 295' of the Penal Code is hereby repealed.

(2) The following Sections shall replace Section 295 of the Indian Penal

Code.

(3) They shall extend to the whole .0f Sikkim.

(4)The amendment shall come into force as from the date of publication

of this Proclamation.

295A. In. the. following Sections 295'B, 29S5C, 295D and 295E,

(a) "a place of Worship that is ancient and established'; shall mean" building

. used primarily for religious purposes, including for the study of religion, [that has been

so used for the last )50 years immediately preceding an offence under. these Sections.

I.

224

(b) "of national value" shall mean at least 50 years old and, in the opinion of the Government of Sikkim, of such historical or antique interest that it would be against the interest

of the nation to permit the export of the object from Sikkim or an object under 50 years old but contained in a building gazetted for that purpose.

(c) "damage' shall include any damage done to the object or, in any case

where the object is not recovered the value of the object, the subject of any

offence under these Sections, and also any damage done to the place of worship or any other

building covered by these Sections, and to any other object or article appurtenant to such place

building, during commission of the offence.

295-B. Any person who wilfully destroys, damages or defiles any sacred object or object of

religious veneration or part thereof, or who removes such object or part thereof, with intent to

steal, from any place of worship that is ancient and established, shall be punishable with imprisonment for a term not exceeding life or with payment of a sum not exceeding three times

the amount of the damage.

295C. Any person who wilfully destroys, damages or defiles any object of national value or part

thereof that is sacred or of religious veneration, or who removes such object Of part thereof

with intent to steal, from any building used for human habitation or for the purpose of an institution or, in 'whole or part, for a place of worship not falling within the provisions of Section

295B hereof, shall be punishable EIT'HER with a term of imprisonment not exceeding life OR with payment of a sum not exceeding three times .the amount of 'the damage.

295D. Any person who wilfully destroys, damages or defiles any sacred object or object of

religious veneration or part thereof, or who removes such object or part thereof with intent to steal, from any building used for human habitation or. for the purpose of an institution or, in

whole or part, for a place of worship not falling within the provisions of Section,' 295B hereof

.

. .

punishable EITHER with imprisonment for a term not exceeding three .

.

'

years OR with imprisonment for a term not exceeding three years OR with payment of a' sum

not exceeding three times the amount of such damage or with both.

295E. Any person; body of persons or institution who has in his or its possession, whether as

owner, trustee, executor, custodian, or in any other capacity, any object of national value that is sacred or of religious veneration, who sells or gives, or permits to be sold or given, such

object to any person or body of persons or institution living or situate outside Sikkirn.

OR .who sells or gives, or permits to be sold or given, such object when he

knows or could reasonably ascertain that the buyer or donee intends to remove the object

from Sikkim, OR who sells or gives, or permits to be sold or given,. such object outside

Sikkim, WITHOUT the licence of the Government of Sikkim, shall be punishable with a term of imprisonment not exceeding life OR with a fine not exceeding three times the value of the object.

J.T. DENSAPA,

SECRETARY TO

THE CHOGYAL OF

SIKKIM.

SD/PALDEN THONDUP NAMGYAL THE CHOGY AL OF SIKKIM

225

SIKKM STATE General Department

Notification NO. 2371-2470G. All the-landlord. and managers of estates in Sikkim

You are hereby informed that in future if any Bhutia or Lepchas bustiwallas applies for

permission to give up a part of his holding owing to his inability to do any further cultivation,

you should first forward such a application to his office for obtaining the sanction of the Darbar

certifying that the land in question is not worth any compensation and that the owner is giving

up his land with his own free will and after the sanction of the Darbar you should treat such

land as “partik” on which you can settle Nepali bustiwallas otherwise it will be treated as an

illegal act liable to punishment

Dated Gangtok,

The 1St August,

1941.

.

'

.

.

. ,

"

GANGTOK,

The 21st August,

1947 'B. B. Pradhan,

Forest Manager,

SIKKIM STATE

GOVERNMENT OF SIKKIM

Land Revenue' & Forest Department

'Office Order. No. 92/L&F.

With a view that Revenue Courts may start functioning immediately His Highness

the Maharaja Sahib of Sikkim has been pleased to vest the Chief Judge and the Secretary'

Land Revenue and Forest, with powers. of revenue, Court 1st, grade and .the , two Revenue

Inspectors with that of Revenue' Court 2nd grade.

Revenue Court 1st grade is empowered to attach and sell the movable and

immovable properties of defaulters for realization of khazana and ;also to detain them in

civil prison.

,Revenue Court' 2nd grade, is empowered to: attach and sell movable and immovable

properties only.

Appeals from the order of Revenue Court 1st grade will lie to His Highness

the Maharaja, Sahib and from 'the ,order 'of' a 2nd

grade Revenue Court. to the Chief Judge. Gangtok, Sikkim. S 'TSERING.

The 22nd November1948. Secretary

Land Revenue and Forest Department.

BY ORDER 'OF HIS HIGHNESS THE MAHA,RAJA SAHIB OF SIKKIM

- B. Karthak,

General, Secretary to His Highness the

Maharaja of Sikkim.

SIKKIM STATE . '

Forest Department "

Notification No. 1546, 1645/F.

It is hereby notified for the information of the public that for the protection of

trees and saplings ,indiscriminate use of explosives for blasting roads ,within Reserve

forests in Sikkim is prohibited. Any one intending to remove stones by blasting rocks

from Reserve forest areas must previously 'obtain ,permit from the ,Forest 'Department

before actually blasting rocks or boulders and for purpose of checking the damage

resulting from such blasting those blasting, them with such permit are required to mark

the spots for identification.

Anyone ..convicted of' contravention of this order will' be liable. to punishment

with a fine up to Rs:3OO '

226

GOVERNMENT OF SIKKIM

Notification No. 2883/L.F.

The recent establishment of Tahsils and the measures introduced regarding pay.

ment of Khazana by the lessees, who had hitherto been exempted, has enabled me to take

into consideration the question of the charge generally known as house tax. . So far a. Bethi is concerned namely, the share of the Lessees, Mandals :and Kamdaris amounting to Rs. 1/12/'

per house, this charge is abolished altogether. So far as the old State charge of Rs.5l- per house is concerned, I have great pleasure in directing that it be reduced to Rs.2/- per house.

Gangtok, Sikkim, The

17th September. 1949, TASHINAMGYAL,

Maharaja of Sikkim.

LAND REVENUE DEPARTMENT

Notification No. 1205/L&F

Whereas it is necessary to establish a law for the determination of cases relating to land be it be notified as follows

I . Definitions:

N. B.

(a) Bustiwala- means a person with a primary interest in specified land. This tenure

carries with it the right to possess and use, sell, mortgage and inherit the land.

(b) primary holders - means lessees in their home farm areas, and bustiwalas, in their

holdings.

(c) Secondary Holders - means kutiadars and adhiadars, that is, persons. deriving In

interest either from the lessees, in his home farm area, or a 'bustiwala, in his holding,

(i) Kutiadar - means a person who engages to cultivate on condition of rendering

a stipulated amount of crop or cash to the primary holder.

Adhiadar - means a person who engages to cultivate on condition of

rendering half the produce to the primary holder.

Kutiadars and Adhiadars hold at the 'will of the primary holder, generally for each

agricultural year.

(d) Good Title :

(i) In respect of a lessee-means his rights and duties under his lease in respect of

the .area leased to him, that is, his Elakha in respect of his home farm area

the right of possession and use as a primary holder, or the area permitted

in his case by the Darbar,

(ii)In respect of a bustiwala - means the right to possess and use specific

land by chardam settlement, purchase, mortgage or succession,

(iii) As a secondary holder means the contract, verbal or written between the

primary and secondary holders.

(iv) Good title also derives from continuous adverse possession,. of over, 12 year.

(e) Chardam- means the grant of the right to settle on specific land as a bustiwala.

N. B. This right has in the past, been granted by lessees. Pending a land revenue settle.

ment, grants will hereafter be made only by the Tahsildar in writing.

(ii)

.227

(f) Agricultural Year means the period of .12 calendar from February I to

January 3 I . The agricultural year will be termed fasli year, as follows: - .

Fasli year 1949 will mean the period February , 1949 to ,January 3I, 1960. .

1. (I) A bustiwala will pay the Darbar Khazana for the land held by him at the

rates approved by the Darbar.

(ii) The Khazana will fall due on October the I5th and should be paid by January

3 I . If not paid by the later date, it becomes an arrear which. may be. realized. by'

attachment and sale of the bustiwala's moveable and immoveable in that order.

The last date for payment of Khazana may' be extended according to agricultural

circumstances, in which case Khazana will become an arrear after the date so

fixed.

(iii) A. bustiwala will report to the Tahsildar any sale, mortgage or succession

relating to his land within one month of such sale, mortgage or' succession.

(iv) If a bustiwala fails to report as required by the foregoing sub-section, a fine

of 25 per cent- of the year's Khazana for the holding in question will be

imposed and realized.

3 A person may move the Court for a declaration as

(i) A lessee, in his home farm area.

(ii) A bustiwala, in his holding.

(iii) A Secondary holder of a specific kind, in his holding.

In the event of a declaration being made, the person concerned will enjoy

the right of possession and .use in the terms of the declaration..

4 A primary Of secondary holder may move the Court for specific performance

of a contract alleged the primary and secondary holders concerned.

(ii) A primary holder may move the Court for ejectment of the secondary holder.

5 A lessee - in respect of his Elakha or home farm and primary or secondary holders

in respect of their holdings, may move the Court for determination of boundaries

NB. Bazar areas are excluded from the operation of this. section.

Boundary disputes relating to bazaar area will be decided in the Department of Bazaars

6 (i) The further settlement of Khas land has been forbidden by Notification No.

5093/L & F dated September the 13th 1948.

This prohibition continues to remain in force.

(ii) Only the Tahsildar is authorised to settle, abandoned partik, and he will do

so in writing, making an entry accordingly in the rent roll.

7 (i) All matters arising under this Notification will be disposed of by Tahsildars

in the first instance on application by any person concerned.

(ii) An appeal will lie to the Revenue Commission. The proceeding.. and orders

of this Court may be written by one member, but both will be present. No

appeal will be heard by one member without the permission of the Dewan;

(iii) A second appeal may lie to the Dewan from the orders of the Revenue

Commission.

(iv) there will be no further judicial proceedings in cases covered by this

Notification. .

Gangtok

20th

may 1950

(i)

Tashi NamgyaI

Maharaja of Sikkim.

228

SIKKIM STATE

Land Revenue Department

Subject :- Revenue Notification. NO .l209/L&F. of 1950

I have already discussed this notification with Tahsildars. The object is to establish

a substantive law relating to land which will cover most of the ordinary cases that may arise

before the authorities. Amendment of the law may be expected after the Coming

j revenue settlement. The 'present instructions are intended as comment and executive

orders, 2

COMMENT

(a) The term bustiwala has not so far connoted. a definite tenure. The tenure, along with' its various attributes, has been defined in section I (a). The duties attached to this tenure are defined in section 2. In brief, the bustiwala, has a duty to: pay khazana and report changes, and compulsion has been provided for obvious reasons. Unless, for instance, changes .in holdings are reported, khatians will be incomplete and difficulties will arise in the collection of khazana. Complete khatians will also be of assistance to the authorities in deciding land cases. .

(b) Sub-paras (b) and (c) of section I introduce a distinction secondary

holders. The distinction is an actual one.

(c) In genera!, the definitions should be closely studied. Section I(d) relating to good title will repay close study as, all possible ways of acquiring rights in land are defined therein When

any person claims to be holding land in any manner, his title will have to be examined before a declaration is given.

(.d) The term continuous adverse possession needs some explanation. The right of a person who has remained in continuous possession for over 1 2 years cannot be

questioned by the person 'against whom such possession .may be construed. The former will be deemed to have acquired good title by the lapse of time. For instance, if a lessee

applies after 14 years for the ejectment of a person who has been in continuous possession of a holding not in the approved home farm area, the person so holding will be deemed to

have acquired rights as a bustiwala. Similarly, if a person originally came into possession as a secondary holder and the primary holder made no attempt. to. enforce the contract

between them, and if, after this failure to enforce, the secondary holder remains in possession for over 12 years he will be deemed to have superseded the rights of the'

bustiwala. It may be that for some' years the secondary holder holds as a secondary holder, and thereafter the primary holder fails to enforce the contract. If he challenges the.

possession of the secondary holder at any time within 12 years 'after his failure to enforce the contract, the secondary holder' will not have gained good title through the operation of

adverse possession. I shall explain these principles to tashildars if there is any doubt.

(e) Chardam literally means four pice. It is paid as a kind of salami, but will of course not he taken in future either by the lessee or the Tahsildar.

229

f) Sections 3 &4 should be quite clear ..

(g) Section 6'. 'In’. the absence of. . accurate survey .maps Tahsildars will have: to rely on rough survey maps where available, description -of. boundaries . in transfer deeds and

the fact of' possession. In most cases field boundaries are well known and accepted:. When there 'is' a dispute over boundaries . it will' generally be found that one of the parties has

become the aggressor, or the dispute ,may-be due :to personal rivalry.. Evidence of possession of the parties themselves is unlikely to .be' reliable in such cases, and even the

evidence of neighbors may be conflicting because of their being involved' on side in one way or other. In such cases Tashildars should follow the description. of boundaries in transfer

deeds etc., and where evidence of even this sort 'is lacking; they will have to make a decision guided by their sense of enquiry taking all factors into consideration.

(h) 'Tashildars have been given certain rights and duties under section b, sub-section

(iii) & (iv). The object is to ensure that the full productive capacity of the land is achieved.

3 EXECUTIVE ORDERS

(a) (i)

Section 2.

The rates of khazana are those that are in force at present.

(ii) Previously the khazana fell due on September the 1st, but this date anticipates the harvest by more than a month. The period October I 5 to January 3I covers the harvest

period and gives the bustiwala sufficient time to sell sufficient grain to pay his khazana. The period for payment has been extended up to March I5 this year owing to fact that three years

dues had to be paid. During the period of payment khazana will be regarded as a due. After the period is over, unpaid khazana will be regarded as an arrear: and may be realized as

provided in section 2, sub-section (iii). It will be the duty of tahsildars to report any. ex-ceptional circumstances necessitating extension of the date for payment.

(iii) All changes .reported under section 2, sub-section (iii), Or ascertained by the tahsildarwill be incorporated in the khatians. and Addas concerned. The Tahsildar will be responsible for seeing that these records are accurate and upto date. A clerk has already been assigned for these duties.

b) (i) Tahsildars should see that a person who acquires rights in land under section I

(d) is not disturbed without due process of law. Any person who has not acquired rights in

this manner is a trespasser and should be removed. In removing a trespasser, tahsildars

should reimburse the rightful holder the net receipts from the land during the period of

dispossession.

. Example. A. trespasser has been in possession of -4 pathis of panikhet for two years, The gross yield of this land is 10 maunds of grain. The trespasser has spent ;

. Seed.. ...one maund and labour... .Rs 10/ 'He may also have incurred other charges, such as transport to the market etc. Compensa

should be worked out for each agricultural year after taking the cost of these agricultural. . and allied operations into account.

230

In addition to the net receipts. tahsildars will realize a fine from the trespasser amounting to half the net receipts for. each year which will be credited' to the .public revenue

Taking possession by,. a. trespasser is. not only a violation of the. rights of others but a violation of ,public law, hence the need for a, fine. .

(ii) The. term "due process of law" used in the foregoing sub-paragraph refers to the

rightful acquisition of an interest in the land. So far as lessees are concerned, they enjoy rights to the possession of home farm areas, details of which are given in order No, 18 dated 19.2.5'0.

Copies of this order are being sent to tashildars. Bastiwala may acquire rights under section I. In addition to the two classes of primary holders named ,above, there may be acquisition of rights

as secondary holders, namely kutiadars and adhiadars, Such secondary holders may be entitled to possession on the basis of oral or written agreement. It is a question of fact whether

such agreements exist but it is a question of judicial interpretation as to whether the agreements confer secondary rights.

(c) Secondary holders are generally removable at the end of the agricultural year. If a secondary holder does not remove him at the wish of the primary holder, the latter may move

the tahsildar but if he does not do so within a month of the end of the agricultural year, it may be assumed that the primary holder has permitted the secondary holder to continue in

possession for one more agricultural year on the same terms as before,

(d) Suitable time will have to be given for the limiting periods adopted in the

notification and these orders to become known. A notice is being prepared in the Land

Revenue Department. After it has been duly notified, both the notification and these orders

should be strictly enforced.

GANGTOK 20th

May, 1950

Sd/. J.S. LALL, I,CS. Dewan, Sikkim State.

(e) In settling partik, tahsildars should consider whether the land in question should not more appropriately form part of khas or reserved forest. In deciding this question,

tahsildars should see whether the area is already wooded or whether it can be conveniently afforested. Unless either of these conditions are satisfied there would be no practical

advantage in including such partik in khas or reserved forest. Tahsildars should consult their forest officials in deciding such cases.

(f) Mondals will report abandonment each year, and when land is abandoned for

three complete agricultural years, the Tahsildars will settle it with another bustiwala, Preference will be given in the following order ;

(i)

(ii)

that busty.

A holder of continuous land so that a compact holding is formed.

A bustiwaIa already holding .land, firstly, in that locality, and secondly in

(g) In reporting abandonment under sub-clause (f), mandals will suggest persons

to. whom the land may be let in the light of that sub-clause.

231

HOME AND POLICE DEPARTMENT

NOTIFICATION No. '4081/HP.

Dated June,1956

Whereas it is expedient to provide for the control of undesirables within, the state of Sikkim

and to provide for their removal from the State of Sikkim under certain 'circumstances .it.

is hereby notified as follow.

1, In this Notification, the term 'Undesirables include 'a, hooligan or other rough 'and

also such persons as. is likely to endanger the security of the State.

3 Whenever' it shall appear to the Superintendent' of Police" Sikkim .that any person :

(a) , is a undesirable or a member- of gang or- body of undesirables. and is

residing within or habitually visiting or frequenting .the State and

(b), that such person or such gang or body is committing 'or has committed

or is about to commit or is assisting or abetting the commission of any of the following:

(i) an offence against personal property;

(ii) an offence of criminal intimidation;

(iii) an offence involving a breach of the peace;

(iv)an offence against the security of the State; .

(v) Espionages as to be a danger to or cause 'or be likely to cause alarm to the inhabitants

or to any section of the inhabitants of the State, or to endanger the' security of the state

the Superintendent of the Police shall make a report to the' Dewan about the existence of

such a person, recommending that the person be' expelled from the - State or his movement

'be restricted to certain areas within the State. .

(4)The Dewan, on receipt of the report of the Superintendent of the Police may pass

"order expelling or restricting the movements of the person concerned, as may be deemed

necessary .

. 5. If the person who is the subject of a proceeding under this notification evades

the service of any notice or order on him, it shall be deemed sufficient service if a copy, of

the notice or order is pasted at the place where the person is reported to he usually residing.

6 Any person who fails to comply with the orders passed as per. paragraph... of this

notification or attempts to evade such orders shall be punished with rigorous imprisonment

which may extend upto six months or with. fine whi.ch may' extend upto Rs.5OO, or with

both. .

7. The orders passed under paragraph 3 shall continue to. stand after the conviction under rule 6.

By Order of His Highness the Maharaja of Sikkim.

T. D. Densapa,

Chief Secretary, Government of Sikkim.

232

GOVERNMENT OF SIKKIM .

DEPARTMENT OF BAZARS

Notification No.. 1660-499/B

It is hereby notified for the information of the general public and merchants that it is strictly prohibited to Bath 'or Wash any Cloth ,Wool, Leather, Skin, Cooking utensils or other

dirty and offensive things, Motor cars, Jeeps, Trucks, Carts, Dogs, Horses, or any other animals at or near any stand pipe or any other work erected, for the supply of drinking water

within the premises of the Bazaars in Sikkim.

2. Anyone found acting in contravention of this order will be liable to a fine of Rs.100/-,

3. This notification comes into force with immediate effect 'and supersedes this office

Notification No., 5723-199/B of February, the 18th, 1949.

By Order of His Highness the Maharaja of Sikkim

Issued by Order of His Highness the Maharaja of Sikkim.

Gangtok,

The 26th March, 195'9.

P. Hishey

Executive

Officer, Bazar

Department,

+Added by Notice No. 5769-50/B dated 6th July,1954

Sd/- A.S. Dewan 9.1.56

Executive Department Bazar Department

.

GOVERNMENT OF SIKKIM .

BAZAR DEPARTMENT

Notification No. 8161 -799/B

It is hereby notified for the information of all shopkeepers in Sikkim and specially

of Gangtok Bazaars that the throwing of refuse, sweepings, washing, filthy water collected from inside their shops into the Bazar drain and the street is strictly prohibited. The are

required to provide themselves with tins or receptacles with proper lids for keeping sweepings etc., which shall not be exposed to public view and the contents thereof shall be

caused to be removed by the owner at least once in twenty four hours, or deposited in the Bazar Dustbins provided by the Government for the purpose.

This Notification will take immediate effect.

If any person is found contravening this order, he will be liable to punishment

which may extend upto Rs.500/- in each case in default simple imprisonment upto three month.

The Bazar. Police and Sanitary personnel are authorised to enforce this order

with the utmost strictness.

233

GOVERNMENT OF SIKKIM

REGULATINS REGARDING PLYING

OF CARTS IN SIKKIM, 1959,.

REGULATIONS REGARDING. PLYING OF CARTS IN SIKKIM

J . Persons. intending to ply bullock carts in Sikkim shall have to take out a licence permitting them' to do so. from the office of the Sikkim Transport Authority or from the places fixed by him,

after paying a fee (prescribed in paragraph 3 below) with the Sikkim Government Bankers.

2. A licence for plying carts must be renewed in the month of March of each year after paying

renewal fee of Rs. 8.00 per annum.

A fee of Rs. 8. per cart per annum shall be charged before a licence is issued. 3.

4. The animals intended for the plying of a ,licensed, cart shall be produced before'

the Veterinary Doctor ,Gangtok. Sikkim. Only the animals passed and approved by him shall he allowed to ply in Sikkim Territory. Animals replaced on account of death or sale shall also he

produced and certificate taken.

5. The description of animals shall be given in the licence issued for the carts and the animals marked (5) as being declared fit for cart driving.

6. At the time of renewal, the fitness certificate of the animals duly obtained from the officers

mentioned in rule 4-' should be' produced before the Licensing Officer.

7. If, at any time, it is found that unapproved or unfit animals are being worked by the cart

pliers, the licence shall be liable to be cancelled. ' Animals having wounds shall be deemed 'to

be unfit.

8. No persons below 18 years shall be allowed to drive a cart.

9. The name of the driver shall be .mentioned in the licence and he shall satisfy the officer

issuing the licenses that he is acquainted with the 'rules of the road and other principles of cart driving.

10. No cart driver shall allow his cart to move on while he is 'asleep in the cart.

11. Whenever an owner of a licensed cart changes the driver, he shall have the name of his

new employee inserted in the licence.

12. A charge of one rupee shall be made for the supply of licence booklets and, tinplates

bearing the cart number.

13. The drivers of carts shall observe the following precautions:............ :...

(a) Proper strings are' tied to the head of animal or animals or nose, strings' are

used if the animals are frisky

14.

"15

16.

19.

20.

23.

234

(b)They should' never let the cart go .on without themselves being on or near it : and, .

They 'should provide themselves With hanging 'lights if carts are being . plied after sunset..

'If at the commencement of the Financial Year (April) a cart licence found unrenewed, the cart shall be treated as being plied without licence.

No cart shall be allowed !o load more than the capacity mentioned in the licence, which shall be fixed according to the type of carts and the carrying strength of the bulls.

,Any cart that is not intended for traffic and for whom: no licence is intended to be taken out, shall be kept with their wheels off (not in working order). . Carts discovered without licenses in Sikkim shall be stopped from traffic and their owners prosecuted for breach of rules. No cart drivers shall want only or cruelly beat or abuse or torture and animal.

Every driver of a cart shall produce the cart licence at the spot when required to do

so by any Police Officer.

Not more than three bullock carts shall move together (following each other)

unless there is a distance of 50 yards between the two trains, Cartmen of carts

behind the first three found' in one train shall be liable to be prosecuted.

All bullock carts shall have pneumatic tyres fitted to the wheels by1st October,

1959. No bullock cart shall be allowed to-ply after that date unless fitted with

pneumatic tyres.

The bullock carts shall only be parked at the road at the following places :

I.

2.

Songkhola

Middle Camp Ranipool

5th mile (from Gangtok) Tadong

Khanikhola

3. 4. 5. 6.

A breach of any of above rules shall be liable to a penalty not exceeding Rs. 300

and the cancellation of the permit to ply bullock carts in Sikkim Territory.

The Government may appoint special officers to try cases relating to the breach

of the above rules, and such officers may be empowered. to inflict fines to the

limit provided for in the rules. But if any party pleads on guilty and is not prepared

to pay the fine, the case shall be sent to the regular Court .

(c)

17.

18

21.

22.

24.

Proclamation of

.

SIKKIM DABAR GAZETTE EXTRAORDINARY, FEBRUARY, 21, 1960

Proclamation of His Highness Sir Tashi Namgyal K.C.S.l., KC.I.E., Maharaja of Sikkim , dated the 27th February, 1960.

HIS HIGHNESS SIR TASHI NAMGYAL KC.S .I, K.C.I.E.

MAHARAJA OF SIKKIM, . .

Dated the 27th February ~ 1960.

(a) "Board" means the Board of Directors of the Corporation. .(b) "Corporation" means the. Sikkim Mining Corporation. . (e) "Financial year" means the year commencing on the 1st day of April

(d} Managing Director" means the Managing Director of the Corporation

WHEREAS it. is expedient to constitute and regulate a: Corporation for the purpose of. developing the deposits of copper, lead, zinc and other minerals in Bhotang and.

other places in Sikkim and for matters connected therewith or incidental thereto.

1. This: Proclamation may be cited as the Sikkim Mining Corporation Pro-

clamation of' 1960.

.

.

His Highness the Maharaja of Sikkim is pleased to proclaim and ordain as follows:

. (1)There shall be established a Corporation to be called the Sikkim Mining

Corporation

(2)The' Corporation shall be' a . body corporate., having perpetual succession and a common seal, with power to acquire, hold or dispose of, property, both movable And immovable, and shall by the said name, sue and be sued.

2. In this Proclamation '

(4).. The authorised capital of the Corporation shall be one crore rupees, divided into one lakh fully paid up. shares. of hundred rupee each, of which 49000 shares of the total value of forty nine lakh rupees shall be issued to the Government of India and the remaining 5'1,000 shares of the total value of fifty one lakh rupees shall be issued to the Government of Sikkim or its nominee.

(5) Any holder of. a share may, with the previous approval of the Board, . transfer that share (6)Notwithstanding. anything contained in this Proclamation no shares of the Corporation shall be issued or transferred to any person who is not a citizen of Sikkim or a citizen of India

.

.

236

7. The general superintendence and direction of the: affairs of the Corpora. tion shall be entrusted to the Board of Directors, who may exercise all Powers and do all acts and things which may be exercised or done by the Corporation. . 8(I) The Board of Director shall consist of the following, namely.

(a) the Maharaja Kumar of Sikkim the Heir Apparent for .the time being who

shall be the Chairman of the Board; .

(b) one Director nominated by the Government of Sikkim;

(c) three Directors nominated by the Government of India. .

(2) Notwithstanding anything contained in sub--section (i) two, additional

directors may be appointed on the Board, one by the Government of Sikkim

and another by .the Government of India. .

. 9. The directors of the Board shall receive such remuneration for

attending meeting of the Board as the Board may fix in this behalf

10.

11.

A nominated, director shall hold office during the pleasure of the authority nominating him.

, 12. The Corporation may appoint such number of employees as it considers necessary. .

,

.

.

.

The Board may, from time to time, appoint one or more committees for the purpose of assisting the Board in the efficient performance of its functions.

13. (1) The Government of India may appoint any Director nominated

by it on the Board to be the Managing Director of the Corporation.

(2) The Managing Director shall exercise such powers and discharge such duties as may-.be delegated to him by the Board,

14. The Board and the committees constituted by it shall meet at such limes and places and shall observe such rules of procedure including quorum in regard to the transaction of business at its meetings as may he determined by the Board :. .

Provided that the Board shall meet at least once in a period of three months .

15The Corporation may carry on and transact any of the following kind of business, namely:

(i) to purchase, take on lease or otherwise acquire any mineral field

mine and mineral

237

(ii)to search for,prospect,get,win,work, raise,beneficiate,smelt,refine or otherwise

process,sell,dispose off and deal in ,all minerals and substances and to

manufacture and sell all products and to develop the resources of any lands,

properties and rights and privileges to be at any time acquired by the corporation

(iii)to construct equip ,develop and administer, manage or control, in Sikkim,

mines quarries, ore treatment, smelting and refining plants and to improve them in

a manner calculated to advance the interests of the Corporation

--

.

'(iii) to construct, equip, develop and administer, manage or control, in Sikkim, mines, quarries, ore-treatment; smelting and refining plants and improve them' in the manner calculated to advance the :interests of the Corporation; ,

(iv) to provide for the welfare of its employees, or ex-employees of the Corporation and their families;

(v) to do all other, things as are incidental as, may be' thought conducive to the, attainment of the above objects or any of them.

16. (I) The Corporation shall constitute its own fund and all receipts of the Corporation shall be carried thereto and all payments by the Corporation shall be made there from.

(2) All moneys belonging to the fund shall be deposited in such manner as . may be determined by the Board.

.17 (I) The Corporation shall establish a reserve fund to such extent, in such

manner and for such purposes as may be determined by the Board.

(2)' After making provision for reserve fund and for bad and doubtful debts,

depreciation of assets and all other matters which may be specially provided in this behalf by the Board, the Corporation shall, out of its net

annual profit, declare a dividend.

. 18 The affairs of the Corporation shall be' audited by auditors appointed by the

Board.

(19) (I) A general meeting of the Corporation shall be held annually at a place

which may be fixed in this behalf, by the Board.

(2) The share holders present at the annual general meeting shall be entitled to discuss the annual accounts, the report of the Board on the working of the Corporation throughout the year and the auditors' report and the manner in which the objections raised in the audit report have been dealt with; .

20 The Board shall in October each year prepare in such form as it thinks fit a budget for the next financial year showing the estimated receipts and expenditure during the financial year.

23'

2.4

25.

26,

238 ,

21The Corporation shall furnish to the Government of India and to the.

Government' of Sikkim. a monthly 'report of, its progress ,and activities

and such other .information as any- such Government may, require

22 The Corporation .shall. furnish to the 'Government of India, and to

-the Government of Sikkim, at the close of each financial year a, statement of its assets and liabilities as at the close- of that year together with the profit and loss account for the year, the auditors' :report .how it' has been dealt with by the Corporation and the report on the ' working of the Corporation during the year.

(I) The Corporation shall keep a register of the share holders in which shall be entered the following particulars so far as' they may be

available :

(i) The names, addresses and occupations, if 'any., of :the share holders and' a statement of the shares held by .each., shareholders distinguishing each. 'Share by its denoting number (ii) the date on which each person is so entered .as ,a. shareholder; (iii) the date on which any person ceases 'to be a shareholder ;and (iv) such other particulars as the Corporation may determine,

(2) the Corporation may maintain such other books :or registers as it

thinks fit.

No suit, prosecution or other legal proceeding shall: lie against any

Director of the Board or any other person in the. employment of the Corporation for anything which is in good faith done' or purported to be

done under this Proclamation.

The Board may direct that any power or duty conferred or imposed upon the Corporation or the Board shall, in such circumstances and under such conditions, if any. as may be specified by the Managing Director or any employee of the Corporation,

The Board may 'make regulations not inconsistent with this Proclamation to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Proclamation. .

TSE TEN TASHI, Private Secretary to

His Highness the Maharaja of Sikkim

239

Whereas it is expedient that provision should be made for consolidating the legal condition of societies established for the promotion of literature, science or the fine arts, or for

the diffusion of useful knowledge, the diffusion 'of political education, or for charitable purpose; His Highness has been pleased to order as follows:

I. Any seven or more persons associated for any such purpose as described in para' 2 of this

notification may by subscribing their names to a . memorandum of association,' and filing the

same with the Chief Executive Officer, Government of Sikkim, form themselves into a society.

2. The following societies, may be registered, under this notification :

Charitable societies, the military orphan funds societies established for the promotion

of science, literature, or the fine art, for instruction the diffusion of useful knowledge, the diffusion of libraries of reading room for general use among the members are open to the

public, or public museums and galleries of paintings and other works of art, collection of natural history, mechanical and philosophical inventions, instruments, or designs.

3. The memorandum of association shall contain the following things (that is to say) .

the name of the society,

the object of the society, the name, address, and occupation pf the governors, council, director, committee, or

other governing body to whom, by the rules of the. society, the management of its affairs is entrusted,

emblems, etc., if any.

4. A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of the

association.'

5. Upon such memorandum and certified copy being filed the Chief Executive. Officer, shall

certify under his hand and seal of the Court that the society is registered. There shall be paid to the Government of, Sikkim for every such registration a fee of Rs. 50/-. Sikkim Darbar

may direct the Chief Executive Officer, to with-hold registration of any society which in the opinion of the Sikkim Darbar does not appear to be covered by' categories enumerated in

para 2 above. This decision shall be final.

6. Once in every year in the month of January, a list shall be filed with the Chief Executive Officer, of the names, addresses and occupation of the governors, council committee or

other governing body then entrusted with the management of the affairs of the society.

7. The property, movable and immovable, belonging to a society registered as above shall

be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings civil and criminal may be described as property of the governing body of such

society by their proper title.

.Notification No. 2602A/H

The 25 th March, 1960

Rules and Regulations for the registration of various organisation in Sikkim

8..Every society registered. under this notification may sue or be sued in the name

of the President or Chairman. .

. .9 If a judgment shall be .ordered against the President or Chairman. such a judgment. shall be

put in' force against the property of the society and not against the property of the person.

10.. No .suit proceeding shall abate or discontinue by reason of the person ,by or against

..whom such suit or proceedings .shall have been brought or continued, dying or ceasing to

fit the character in the name whereof he shall have sued or being sued, but the .same suit or

proceedings shall be continued in the name of or against the successor of such person.

11 . Any number not less than three fifths 'of the members of any society at a general

meeting., convened for the purpose may determine by their votes delivered in person or by

proxy. that it shall be dissolved and thereupon it shall be dissolved forthwith, or at the time

then agreed. upon :

Provided that whenever the Sikkim Government is a member of, or a' contributor to,

or otherwise interested in any society registered under this notification, such society shall not

be dissolved without the consent of the Sikkim Government.

12. For the purposes of this notification a member of a society shall be .a person who having

been admitted therein' according to the rules and regulations thereof shall have signed the

roll or list of members, the members thereof, and shall not have resigned in accordance with

such rules and regulations. .

13.The governing body of the society shall be the governors, council, directors committee,

trustee, trustees or other. body to whom by the rules and regulations of the society the

management of its affairs is entrusted.

Any society established and constituted prior to this notification for the purposes

mentioned in para 2 above but not registered may at any time hereafter be registered as a

, society under this notification if an assent to its being so registered has been given by three.

fifths of the members present personally, or by proxy, at some general meeting convened for

that purpose by the governing body. In case of society not so registered if no such body shall

have been constituted on the establishment of the society it shall be competent for the

members thereof, upon the notice, to create for mice-forth. For obtaining registration under

this notification it shall be sufficient that the governing body file with the Chief Executive

Officer, a memorandum showing the name of the society, the object of the society and the

name, address and occupation of the governing body and a copy of the report of the

proceedings of a general meeting at which the registration was resolved on.

14-Any person may inspect all documents with the Chief Executive Officer, under this

notification on payment of a fee of Re. I for such inspection and any person may require a copy of

extract of any document or any part of document to be certified by the Chief Executive Officer, on

payment of 25' np for every 100 words or part thereof for such copy or .extracts and such certified

copy shall be prima-facie evidence of the matters therein contained in all legal proceedings

whatsoever.

15-Any member of the society who shall steal, portion or embezzle any money or other

property, or willfully and maliciously destroy or injure any property, of such society, or

funds of the society may be exposed to loss, shall be subject to the same prosecution, and if

convicted, shall be liable to be punished in like manner, as any person not a member would

be subject and liable to -in respect of the like offence.

241

16. Any person including a member of the society who shall without the authority of the

governing body, use either- the name .or the emblem of the society will. be liable to

prosecution Upon a complaint filed by the President or the Chairman of the governing body

and shall on conviction be punished with a fine upto Rs. 500, or in default simple imprison-

ment extending upto six months.

11'Government of Sikkim may suspend or cancel registration of my society registered under

the provisions of this notification if in the opinion of the Government of Sikkim any of the

action of the society is beyond the aims and objects of the society or is prejudicial to the

interest of Sikkim.

By Order, D DAHDUL,

Chief Secretary,

Government of Sikkim.

GOVERNMENT OF SIKKIM

LAND REVENUE DEPARTMENT

O.O.No. l05/ L.R.

Dated Gangtok the 25th February, 1961.

It is hereby informed for the general guidance of all the Darbar Officers dealing specifically with registration of documents in Sikkim, that the following procedures should be

strictly followed and observed in cases of transaction relating to transfer of immovable properties. .

That it has come to the notice of the Darbar of late, that Nepalese .who are marrying Bhutia-Lepcha girls or Non-Sikkimese marrying-Sikkimese women are acquiring immovable

properties of Bhutia-Lepcha cannot be alienated in favour of a non-Bhutia-Lepcha and that Non-Sikkimese are not entitled to acquire any immovable properties in Sikkim.

It ,is therefore, to be observed that whenever a transfer of a landed property in Sikkim happens to be women, the registering officer before allowing the registration of the

document relating to such transfer, should make an enquiry as to from what source the money for the purchase of the property, where the transfer is by sale, is being obtained by

her, It is also to be ascertained whether the. purchase money forms her actual property, or it is to be provided by her husband if she is married, in which case such other particulars of

her husband including the community to which he belongs, his home address, what landed property he holds already in Sikkim etc., should be enquired into first. In the case of transfer

otherwise than by sale also such as gift etc., similar particulars of the husband of the woman if she is married are to be furnished.. The Registering Officer is to undertake and complete

all the preliminary enquiries as intended ..above, and should then refer the case to the Dewan of Sikkim with his forwarding report for a decision. Pending specific decision

forthcoming from the authority concerned, the registration of such transfer documents should on no account be finalized.

By Order,

D.Dahdul,

Chief Secretary, Government, of Sikkim.

242

Land Revenue Department

Notification No. 28/L.R.

Dated Gangtok, the 21St April, 1969.

There has been some doubts about the right of a woman to purchase or sell land

after her marriage to a person of other community due to restrictions imposed by

Revenue Order No. I of 191 7 and in order to clarify the position in this regard It is hereby

notified as follows;

(a) Women follows the nationality and community or her husband.

(b) Bhutia- Lepcha women marrying a person of community other than her own

community only if such land was acquired by her prior to her marriage.

(c) Land acquired by her after her marriage to a non Bhutia Lepcha may be sold to any

community.

(d)Sikkimese of Tibetan and Bhutanese origin enjoy all rights and privileges of Bhutias

/Lepcha except that they may not buy land from the latter ,community

By Order

M.P. Pradhan Secretary, Land. Revenue Department

243

THE SIKKIM SUBJECTS REGULATION 1961

(As amended vide Notification No S/277/61dated the 16th,January ,1962, Notification

No, S/252/65dated the 26th July. 1965 'and ‘Notification No. 790/H dated the 3rd December,1970' ' . HOME" 'DEPARTMENT .

Notification,No.156/S-61

Dated Gangtok, 'the. 3rd

July 1961

(Published in the Sikkim Darbar Gazette, Extraordinary: dated the,3rd'July 1961).

The following Proclamation of The Chogyal of Sikkim. is hereby notified

WHEREAS it is expedient to define clearly the status' of 'Sikkim Subjects 'and 'to

make provision for. acquisition and loss of such aforesaid status:

NOW, THEREFORE'; The Chogyal of Sikkim has been pleased to make and

promulgate the following' Regulation

I, Short title and extent

(i)This Regulation may be called the SIKKIM SUBJECTS REGULATION 1961.

(ii)It shall extend throughout the territory of SIKKIM /

Commencement

This Regulation shall, come into force on such date as may be appointed for the

purpose by The Chogyal of Sikkim.

3. Certain persons domiciled in Sikkim Territory at the commencement of the Regulation to

be Sikkim Subjects - .

(I) Every person who has his domicile in. the territory of Sikkim immediately

before the commencement of this Regulation shall be a Sikkim Subject if he

(a) was born in the territory of Sikkim and is resident therein, or

(b) has been ordinarily resident in. the territory of Sikkim 'for a period of 'not

less than fifteen years immediately preceding such commencement :

. Provided that in counting the said. period of fifteen years any absence

from the said territory on account- of service under the' Government .of

India shall be disregarded -or

(c) is the wife or minor child of a person mentioned in clause (a) or clause (b):

Provided that a person shall .not be a' Sikkim Subject under this section

unless he makes a declaration to the effect that he is not a citizen

of any other country at the time of. inclusion of his- name in the register of

Sikkim Subjects to be maintained under this Regulation: .

Provided further that in the .case 'of a minor or a person of unsound mind,

such. declaration may be made by his guardian.

Explanation : No person shall be deemed to have his domicile in ,the territory of Sikkim unless

-~

2

he is a person who has made Sikkim his permanent home and has served

his connections with the country of his origin such as by parting with his

property in that country or acquiring immovable property in Sikkim:

Provided that a person shall not be deemed to have a permanent home in

Sikkim if he indicates an intention of returning to his country of origin, by keeping a live interest

therein even though he might have parted with his property in his country of origin and the

mere parting of such property will not be regarded as proof of a person' having acquired a

permanent home in Sikkim. .

(2)The - wife and minor children of a person having his domicile in Sikkim shall be

deemed .to have domicile in Sikkim for the purpose of this section.

(3) In any case of doubt as to whether a person has domicile within the territory of

Sikkim under this section, the matter shall be decided by The Chogyal with the assistance of a

Board consisting of persons to be appointed in accordance with the rules

made under this Regulation.

4. Certain persons, though' not domiciled in Sikkim, to be Sikkim Subject :

Any person, who has not voluntarily acquired the citizenship of any other

country, though not domiciled in Sikkim, may, on an application made to the authority

prescribed by the rules made under this Regulation be registered as a Sikkim ,Subject if he is a

person whose ancestors were deemed to be Sikkim Subjects prior to the year 1850

5. Sikkim Subject by Descent

Every person born after the commencement of this Regulation shall be a

Sikkim Subject if at the time of his birth his father is a Sikkim Subject under this Regulation,

whether or not the birth takes place in the territory of Sikkim.

Status of Women married to' Sikkim Subjects

A woman of foreign nationality who is married to a Sikkim Subject after

. the commencement of this Regulation shall ordinarily be eligible to be registered as a Sikkim

Subject, on making application' therefor to the Government of The Chogyal in the manner

provided by rules under this Regulation, and after renouncing her former nationality and on

taking oath of allegiance:

Provided that the Government of The Chogyal after giving a reasonable

opportunity to the person of making a. representation may refuse such application.

7. Certain persons not to be Sikkim Subjects

(a) Any person who renounces his status as a Sikkim Subject, or voluntarily

acquires the citizenship of any other country, or; takes an oath of allegiance to

a foreign country or Ruler thereof without the consent of The Chogyal's

Government. ; or .

Any Sikkimese woman who marries a person who is not a Sikkim Subject; or

Any person, other than a person referred to in section 4. who severe his

connection with Sikkim such as by parting with his property in Sikkirn and

migrates to a place outside Sikkim and India after the commencement of this

Regulation, or has not been ordinarily resident in Sikkim for a continuous

period of seven years, shall thereupon cease to be a Sikkim Subject.

6.

244

(I)

(b)

(c)

245

8 Naturalized Subjects - .

(I) The Government of His Highness may; if application is made to, them in

the manner provided by rules under this. Regulation by' any person of full age and capacity who at the .date of the commencement of this Regulation is a national of another

State but otherwise fulfills the requirements, of section .3 of. this Regulation. to be. a. Sikkim. Subject, grant to him a certificate of naturalization if he renounces his former nationality ;

and the person to whom such a certificate .is granted shall on taking. oath of allegiance, and on his name being entered in the Register to be maintained under this Regulation, be a.

Sikkim Subject by naturalization from the date on which the certificate is granted

(2) If a certificate is granted to any person under the last foregoing sub-section his wife

after renouncing her former nationality and his minor children may, on application made in

this behalf and taking oath of allegiance be granted certificate of naturalization.

(3) The Government of His Highness shall also have the power to naturalize a person

upon application made therefor in the manner prescribed by the rules, provided

that the Government of His Highness are satisfied that - .

(a) he has been in the service of the Government of Sikkim for a period of not less

than ten years immediately preceding the date of his application, or

he has rendered meritorious service to the State, and the person to whom such a

certificate is granted shall, on taking oath of allegiance, and upon his name

being entered in the Register of Subjects, be a naturalized Sikkim Subject from the date on which the certificate was granted.

(4) The Government of His' Highness may at the same time naturalize the wife and

minor children of a person who is granted a certificate of naturalization if application therefor is made. .

9. Loss and Deprivation of Nationality-Loss of Status of Naturalized Subjects

A naturalized subject shall lose his status. as a Sikkim subject if he ceases to

reside ordinarily in the territory of .Sikkim or fails to comply with any of the conditions subject

to which the certificate of naturalization may have been granted to him and thereupon his name shall be removed from the Register of Sikkim Subjects;

10. Deprivation of Status of Subjects , .

Subject to the provisions of this section, the Government of His Highness may by

order deprive any Sikkim Subject who is such by .registration under section 4 or by naturalization under section 8 of this Regulation of his status if the Government are satisfied

that such a subject, .

(i) during any war in which The Chogyal or the Government of India are engaged,

unlawfully traded or communicated with an enemy or has been engaged in or

associated with business that was to his knowledge carried on in such a mariner as to assist an enemy in that war; or

(ii) shown himself by act or speech to be guilty of disaffection or disloyalty towards The Chogyal ; or

(W) obtained the certificate of naturalization by fraud, false. representation or concealment of material facts;

(b)

246

(iv) within five years .of naturalization has .been convicted of any. offence in any country and has been sentenced to imprisonment . for a term' of not. less than twelve months .and such .a person shall cease. to be 'a Sikkim Subject

with. effect from the date on which such order of deprivation is: passed

. Provided that a person shall be. afforded a. reasonable 'opportunity of.. making representation before an order of deprivation is made. .

. MISCELLANEOUS

II. Offence and Punishment.

:" Any person who for the purpose of procuring anything to' be done or. not to be done under this Regulation makes .any statement 'which -he know. to be false in material particulars or recklessly makes any statement which is false in material particulars, shall be liable in summary conviction to imprisonment for a term not exceeding two years.

I 2. Evidence of Status as Sikkim Subject

The Government of His Highness shall prepare. and maintain a Register of Sikkim subjects in accordance with rules to be framed under' this Regulation and the entry of a person's name in such a register shall be prima facie evidence of the person's status as a Sikkim subject:

Provided that a person's name may be removed from the aforesaid Register of Sikkim Subjects and any certificate of status as a Sikkim Subject granted to him may be cancelled with effect from the date of the original grant when the Board constituted under section 3 (3) of Sikkim Subjects Regulation is satisfied that the said person's name had been wrongly entered in the Register at any time and submits a finding to that effect to the Government of Sikkim:

Provided further that an appeal shall lie to The Chogyal against any such finding

by the aforesaid Board.

I 3 . Power to make Rules

. The Government of His Highness may make and promulgate such rules as may be

necessary for carrying out the provisions of this Regulation.

14. Repeal

All rules, regulations, orders and instructions hitherto in force in Sikkim territory in

relation to the definition, acquisition and loss or deprivation of the status of Sikkim Subjects are hereby repealed. .

TASHI NAMGYAL. MAHARAJA OF SIKKIM.

By Order,

D. DAHDUL, Chief Secretary, Government of Sikkim.

247

THE SIKKIM SUBJECT RULES, 1961

Notification No. S/294/61 Dated Gangtok, the 19th February, 1962.

In exercise of the powers conferred by Section 13 of the Sikkirn Subjects Regulation, 1961, the Government of His Highness the ,Maharaja of Sikkim are pleased to make and' promulgate the following rules

I. Short title and commencement.

2.

These rules may be called Sikkim Subject Rules, 1961.

They shall come into force with immediate 'effect.

Definition In these rules unless the context otherwise requires :

(a) 'Chief Executive Officer' means the Chief Executive Officer of the' Government of

Sikkim.

(I)

(2

(b

(c)

(d)

(e)

'Form' means a form given in the Schedule.

'Government' means the Government of His Highness the Maharaja of Sikkim.

'Regulation' means the Sikkim Subjects Regulation, 1961.

'Schedule' means the Schedule to these rules.

Declarations under Section 3 of the Regulation :

3. (i) Every person of full age who, is qualified to be Sikkim Subject by virtue of the

provisions of Clauses (a) and (b) of Section 3 (I) of the Regulation shall' make the declaration required under the 1st provision to Section 3 (I) of the Regulation in form I. A person of full

age who qualifies to be Sikkim Subject only under Clause (c) of Section 3 (I) of the Regulation shall make the declaration in Form II. A declaration on behalf of a minor or a

person of unsound mind made by his parents or guardian shall be in form III. .

(ii) The declaration shall be submitted to the Magistrate in charge of the area here the person making the declaration ordinarily resides.

(iii) The Magistrate on receipt of the declaration in the prescribed form shall make such

enquiries as he may think it fit to satisfy himself of correctness of the particulars given and statements made therein and shall thereafter submit his' report to the Chief

Executive Officer together with his recommendations.

(iv) The Chief Executive Officer if he is satisfied that the person concerned qualifies to be a Sikkim Subject under Section 3 (I) of the Regulation shall cause his/her name to be entered in the Register of Sikkim Subjects to be maintained under' Section 12 of the Regulation. .

(v) The Chief Executive Officer shall in cases of doubt as regards the domicile of a person refer the matter to' the Board constituted under Section 3 (3) of the Regulation and shall act in accordance with the decision of the, Board on the question referred to it.

(vi) For the purposes of Section ' 3 (3) of the Regulation the Government shall' constitute a

Board consisting of six officials and non-official members.

248

(vii) The Chief Executive Officer or the Board, as the case may be, heard the person

concerned if thought fit but if an order to his prejudice is likely to be made he shall be give an

opportunity to be heard before the order is pronounced.

Registration under Sections 4 and 6 of the Regulation

4. An application for registration under Section 4 shall be in form V and shall be made to the Chief Executive Officer. An application for registration under. Section' 6 shall be made addressed to the Chief Executive Officer and shall be in form V.

Naturalization under Section 8 of the Regulation

5 .An application for a certificate of naturalization under Section 8 (I) shall be made in form

VI. and an application under Section 8 (3) shall be in form VII. Such application shall be made to the Chief Executive Officer.

6. (I) The Chief Executive Officer on receipt of an application for registration under Section 4

or under Section 6 or an application for naturalization made under Section 8 shall make such

enquiries, as he thinks fit to :satisfy himself of the correctness of the particulars given. and

statements made in the application.

(2)The Chief Executive Officer may on being satisfied that he fulfils the conditions for being registered or naturalized as the case may be, under the Regulation and that the applicant is fit and proper person to be so registered or naturalized, accept his application and issue the necessary certificate for the purpose. The certificate of naturalization shall be in form IX.

(3) In cases where the Chief Executive Officer is not so satisfied he shall give an opportunity to the applicant to be heard and thereafter pass such order as he may think fit

Registration of Births after the Commencement of the. Regulation

7. (i)The Magistrate in charge of an area of Sikkim on receiving information of birth of any child within his area whose father is a Sikkim Subject and on satisfying himself of the correctness of the information shall send a report to the appropriate officer of the Government for entry of the child's name in the Register of Sikkim Subjects to be maintained under section 12 of the Regulation.

(ii)The registration of births of children born in .Sikkim Subject outside Sikkim :shall be done only at the instance of the Chief Executive Officer and report of such births shall be sent to the Chief Executive Officer.

Loss of Status of Sikkim Subjects

8. (i)The Chief Executive Officer may upon receipt of report from a Magistrate in charge of an area 'or on his own motion institute an enquiry as to whether any person has ceased to be Sikkim Subject in the circumstances mentioned in Section 7 of the Regulation or has lost that status under Section 9 of the Regulation.

(ii) The Chief Executive Officer shall on being satisfied that the person concerned had ceased to be Sikkim Subject or had lost that status after giving him an opportunity to be heard may cause his name to be removed from the Register of Sikkim Subjects to be maintained under the Regulation.

(ii) The Chief Executive Officer upon holding enquiry and after giving the person.

concerned an opportunity of being heard may pass an order depriving him of the status of a

Sikkim Subject if the Chief Executive Officer is satisfied that the person concerned has

committed In of the acts mentioned in Section 10 of-the Regulation, and his name shall

thereupon stand removed from the Register of Sikkim Subject.

249

Deprivation of the Status of Sikkim. Subjects

(i)The Chief Executive may upon receipt of a report from a Magistrate in charge of an area or on his. own motion institute an enquiry against any person if he' has reason to believe that there is. sufficient cause for proceeding against him under section 10 of the Regulation.

Maintenance of Register of Sikkim Subjects

10, (i)The Chief Executive Officer shall cause to be maintained a Register of Sikkim subjects which shall be -kept in the custody of such officer of the Government as the Chief Executive Officer may direct.

(ii) The Register shall be kept in Form X and shall consist of 6 Parts. Part I ,shall contain names of all persons who are Sikkim Subjects under Section 3 of the Regulation. Part ll shall contain ,the names of persons who are Sikkim Subjects under Section 5 of the Regulation Part III shall contain the names of persons registered as Sikkim Subjects under Section 4 of the Regulation; Part IV ,shall have the names of Foreign women registered as Sikkim Subjects under Section 6 Part V shall contain the names of the persons naturalized as Sikkim Subjects under Section 8( I) and 8 ( 2) or the Regulation, and Part V I shall have the names of persons naturalized as Sikkim Subjects under Sections 8(3) and 8(4) of the Regulation.

(iii) Entries shall be made in the Register regarding the deaths of the Sikkim Subjects in the Remarks Column. Similar entries relating to joss or deprivation of the Sikkim

Nationality shall he made in the Register.

(iv) The Register shall be a public record and certified copies or extracts from such

record shall be given upon application made for the purpose and on payment of fee of

Rs'5/ for each entry.

Appeal

II. An appeal shall lie to His Highness the Maharaja against any order passed by the Chief Executive Officer under these rules. Such appeals shall be disposed of in such manner as his Highness may direct.

" ,

Finality of orders and decisions

12. The orders passed or decisions made by the Chief Executive' Officer under these rules shall be final subject to the provision of an appeal under Rule II. Such orders and

decisions shall' not be called in question in any Court of Law.

....

250

Miscellaneous

13. Any Magistrate the Chief Executive Officer or an officer of the Government acting on his behalf or the Board constituted under Section 3 (3). of the Regulation whilst holding a enquiry

under these rules shall have power to issue summons, to enforce the attendance or witnesses, to administer oaths and record evidence in the same manner as Court of Original

Civil Jurisdiction.

Sd/-D. Dahdul, Chief Secretary to the

Government of Sikkim.

14. An offence under Section 11 of the Regulation shall be triable by a Magistrate in Sikkim as a cognizable case in accordance with the Code of Criminal Procedure.

1 5 The Government may from

time authorize one more of its officers not below the rank of Gazetted Officer to act on behalf of the Chief Executive Officer in the performance of

the duties and functions under these rules and orders made or decisions taken by the Chief Executive Officer for and on behalf of the Government of Sikkim under the Regulation. .

16 Fees

The fees which may be' specified from time to time by the Government shall be levied and collected in respect of matters relating to applications for registration and naturalization, issue of certificates, appeals and other matters connected therewith.

By Order,

251

PROCLAMATION Of HIS HIGHNESS

SIR. TASHI. NAMGYAL K.C.S I K.C.I.E.,

MAHARAJA Of SIKKIM

Dated Gangtok, the 13th November, 1962.

WHEREAS with the border hostilities between India and China a grave emergency exists whereby the security of Sikkim is threatened,

NOW, THEREFORE, His Highness the Maharaja of Sikkim has been pleased to promulgate the following Order :

I. (I) This Order may be called THE SECURITY OF SIKKIM ORDER 1962.

(1) It shall extend to the whole of Sikkim and it applies also

(a) to subjects of Sikkim outside Sikkim and

(b) to persons in the service of the Government wherever they may be.

.2. Notwithstanding anything contained in any other previous Act or Order

or Rule on the subject, the Sikkim Darbar may from time to time during the

pendency of this emergency, by Notification in the Official Gazette, make such rule as it

appears to it necessary or expedient for ensuring the security of Sikkim and civil defense,

the public safety, the maintenance of public order or the efficient conduct of military

operations.. or maintaining supplies and services essential to the life of the community.

3. No such rules shall be called in question in any Court.

4. No suit, prosecution or. other legal. ..proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of such

rules.

5 No suit or .other legal proceedings shall lie against the Government for any

damage ..caused. or likely to be caused by anything in good faith done or intended to be done in pursuance of such rules.

Any authority or person acting in pursuance of such rules shall interfere with

the ordinary avocations of life and the enjoyment of property as little as may be

consonant with the purpose of ensuring the public safety and the interest and the security of

Sikkim and civil -defense.

TASHI NAMGYAL Maharaja of Sikkim

252

HOME DEPARTMENT

Notification. No 1342/H.

Dated Gangtok, the 29th November, 1962.

THE SIKKIM PUBLIC SECURITY RULES, 1962.

His Highness the Maharaja of Sikkim is pleased to promulgate as follows:

1 Short 'title extent and commencement.

(I) This rule may be called the Sikkim Public Security Rules, 1962.

(2) It extends 'to the whole of Sikkim.

(3) It shall come into force at once. ,

(2) Definitions. In this rule, the expression "Government' means the'. Government

of- Sikkim.

3. Prohibited Places. '( I) Government may declare any place as' 'Prohibited Place

(2) No person shall without the permission, of the Government enter, or be on or

in, or pass over, or loiter in the vicinity of, any prohibited place.

(3) Where any person is granted permission to, enter or to be on or in, or to pass over,

a prohibited place, that person shall, while acting under such permission, comply with such

orders for regulating his conduct as may be given by the Government.

(4) . Any Police Officer or any other person authorised in this behalf by the

Government, may search any, person entering or seeking to enter. or being. on or in,. or

Ieaving or passing over or seeking to pass 'over, a prohibited place, and ,any vehicle or article

brought in by such person and ,may, for the. purpose of the search,. detain such person,

vehicle or article

Provided that no female shall be searched in pursuance of this sub ‘rule' except

by a female. .

(5) If any such person is in a prohibited place in contravention of this rule, then,. without

prejudice to any other proceedings which may ,be taken against him, he may be removed

there from .by any Police Officer. or by any other person :authorised .in this behalf by the

Government.

(6),if any person is . in a . prohibited place in contravention of any of the provisions 'of

.this rule he. shall be .punishable with imprisonment for, a term which may be extended

to three years or with fine, or with both.

4. Protected Places.- If in respects of any place. or class of places, the Government

considers it necessary or expedient that special precautions should ,be taken to prevent the

entry of unauthorised persons, Government may by order declare that place, or, as the case

may be, every place of that class, to be a protected place, and aIl the, provisions relating to a

prohibited place shall apply.

5.Protected Area.-. (I) If the Government considers it necessary or expedient to regulate the

entry of persons into any area, Government may without prejudice to ,the. provisions of .any

other rule, by order, declare the area to be a protected area; and there. upon; for so long as

the order is in force, such area shall be a protected area.

253

(2) Subject to any exemptions for ,which provision may .be made, no person .who

was not at the beginning of the day when the Government declares any area as a protected area resident in the area declared to be a protected area shall be therein

except in accordance with the terms of a permit in writing granted to him by an authority of person specified in the order

(3) Any Police Officer or any other person authorised in this behalf by ,the Government may search any person entering or seeking to enter or being no or in,

or leaving a protected area, and any vehicle, or article brought in by such person, and may, for the purpose of the search, detain such person, .vehicle, and, article:

Provided that no female shall be searched in pursuance of this rule except by a female (4) If any person is in or passes over a protected area in contravention of the provisions of this rule, then, without prejudice to any such proceedings which may be taken against him , he' may be removed there from by or under the direction of any Police Officer or any other officer authorised in this behalf by the Government.

(5) If any person is in a protected area in contravention of any. of the provisions of this rule, he shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both.

(6) Forcing or evading a guard. Any person 'who effect or attempts to effect into or passes over or attempts to pass over a prohibited place, protected place or protected areas

by using, or threatening to use, criminal force to any person posted

for the purpose of protecting or of preventing or controlling areas to such

place or area, or

after taking precautions to conceal his entry or attempted entry from any

such person, shall be punishable with imprisonment for a term which

may extend to seven years.

7 Orders for certain places and areas.- (I) Without prejudice to the generality

of the foregoing provisions, the Government may make provisions

(a) 'for restricting the admission of persons to such place or area and for

removing there from any person who is therein in contravention of the

orders or who has been convicted of

(i) any contravention of the provisions of these rules. or

(ii) any offence, against public order or decency

for requiring the presence of any person or class of persons in such

place or area to be notified to prescribed authority and for requiring

any person who has been convicted of any' .such offence, as-mentioned

in ,clause (a)of this sub rule to ,report his removal while in such place or

area- and to observe any other condition imposed upon him by a

prescribed authority

for ,requiring. any person or class of ,persons in ,such place or area to

carry such documents by evidence of identity as may be prescribed

(a)

(b)

(b)'

.(c)

(d)for prohibiting any person or class of persons from being in possession or control of any prescribed article

254

.

(f)

(b)

(c)

(d)

(e)

8 Loitering near certain premises. . No person loitering in the vicinity of any prescribed place or protected place or any vehicle, shall continue to loiter in the vicinity after being ordered to leave it by any Police Officer or any other person acting on behalf of the Government or by any person being in charge of the said vehicle.

(2)If any person contravenes the provisions of the .rule, he shall be punishable with imprisonment for a term which may be extendable to three years . or with fine or with both.

9. Powers to close roads.-( I)Government may by order, prohibit or restrict for such. period as may be specified in this order

(a) the use of any road or pathway;

(b) the passage of any persons ., animal or vehicle over any land.

(2) If any person .contravenes any order made under this rule, he' shall be punishable' with imprisonment which may .extend to six months or with fine, or with both,

10. Restriction on movements of suspected persons, restriction orders and detention orders

.

(I) The Government, if it is satisfied with respect to any particular person that

with a view to prevent him from acting in any manner prejudicial to the security of Sikkim and civil defense, the public safety, the maintenance of public order, the maintenance of peaceful

conditions in any. part of Sikkim or the efficient conduct of military operations, it is necessary so to do, may make an order

(a) directing such person to remove himself from Sikkim in such manner

by such 'time or by such route. as may be prescribed in the order, and prohibiting his return to Sikkim

directing that he be detained

directing that, except in so far as he may be permitted by the provisions

of the order, or by such authority or person as may be specified therein he shall not be in such area or place in Sikkim as may be specified in

the order;

requiring him to reside or remain in such place or within such area

. in Sikkim as may be specified in the order or it he is not already there

to proceed to that place or area within such time as may be specified in that order

requiring him to 'notify his movements Or to report himself or both

to 'notify his movements and to report himself in such manner at such

times and to such authority or persons as may 'be specified In the order

imposing upon him such restrictions as may be specified in the order in.

respect 'of his employment or' business in .respect of his association Or communication With other persons or in .respect of his activities in

relation to the dissemination of news or propagation of opinions

(g)

(h)

(2)

255

prohibiting .or restricting the possession or use by him of any such article or articles as may be specified in the order;

otherwise regulating his conduct In any such particular area as may be

.specified in the order.

An order made under sub-rule (I) may require the person in respect of whom it is made to enter into a bond, with or Without sureties, for the due

performance of, or a. an alternative to the enforcement of such restrictions of conditions made in the order as may be specified in the order.

If any person is in any area or place in contravention of the order made under the provisions of this rule.. or fails to leave any area or place in accordance with the requirement of such an order, then, he may be removed from such area or place by any police officer or by any person acting on behalf of the Government.

(4). So long as there is in force in respect of any person such an order as aforesaid directing that he be detained, he shall be liable to be detained in such place, and under such conditions as to maintenance,

. discipline and the punishment of offences and breaches of discipline, as the' Government may from time to time determine.

(5) If any person contravenes any order made under this rule he shall be punishable with imprisonment for a term which may extend to five years or with fine or with both and if such a person has entered into a bond in pursuance of the provisions of sub-rule(2)his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the convicting court why such penalty should not be paid.

11 Prevention of Prejudicial Act. and Control of information.

(3)

Definition

(I) Prejudicial Act.-Prejudicial Act means any act which is intended or is likely

(a)

(b)

(c)

(d)

(e)

to prejudice the maintenance of peaceful conditions in any area;

to cause disaffection among, or to prejudice, prevent or interfere with the discipline, health or training of or the performance of their duties by any public servant:

to render any public servant incapable of performing his duties as such of or to induce any member of such forces or to induce any such public servant to fail in the performance of his duties as such;

to prejudice the recruiting of, or the attendance of person or servants in the civil defense service or in police force or fire brigade or any other body of persons entered enrolled or engaged as public servants

to . bring into hatred or contempt or to excite disaffection towards

His Highness the Maharaja of Sikkim and or his Government

256

to promote feelings of enmity or hatred between different classes of persons in Sikkim .

to cause fear or alarm to the public or to any section of the public

to impede, delay, or restrict the means of transport or locomotion, any

work necessary for the' efficient conduct of military operations, handling

or transport of any munitions or the supply or distribution of munitions or

the supply or distribution of any essential commodity

to encourage or incite any person or class of persons or the public

generally, .to refuse or defer payment, 'or any land revenue, tax, or

other dues or amount payable to the Government

to influence the conduct or attitude of the public or any section of the

public in a manner likely to be prejudicial to the security of Sikkim and

civil defense or the efficient conduct of military operations;

to instigate directly or indirectly the use of criminal force against public

servants generally or any class of public servant or any individual public

servant;

otherwise to prejudice the efficient conduct of military operations, the

security of Sikkim and civil defense, or the public safety and interest

(2)"Prejudicial report" means, any report, statement or visible

representation, whether true or false, which, or the publishing of which, is an

incitement to the commission of a prejudicial act as defined in the rule above,

(3) Press" means a printing press and includes all plant, machinery,

duplicators, type, implements and other materials used for the purpose of or in

connection with the printing or multiplying documents.

(4) "Essential Commodity" means food, water, fuel, .light, power, or any

other thing essential for the existence of the community which is notified .in this

behalf by the Government.

(5) "Information" means any information, whether true or false, or any

document or other record, whatsoever containing or purporting to or contain; or

calculated. directly or indirectly to convey, any information, whether true or

false, with respect to any of the following matters, that is to say

(f)

(g)

(h)

(i)

(j)

(k)

(I)

(a) the number, description, armament, equipment ,disposition

movement, sympathies or condition of any of the armed

forces in Sikkim

any operations or projected operation of any of the armed

forces in Sikkim

any measure, works, appliance, or arrangements for, or

connected with, or intended for the 'defense or fortification of

any place

the, number, description or location of any prisoners ;

the' condition of the subjects. of Sikkim or of any class thereof

or the sympathies of such citizens or class as regards matters

relating to .the conduct of military operations

(b)

(c)

(d)

(e)

257

the manufacture, quantity, supply., description, condition, disposition movement, storage, repair, testing, trial or use of any ammunitions or

other things which can .be 'used in connection with the conduct of military operations

any measures works appliances or arrangements for or in

connection with, intended for. the protection of any munitions of war

or other things which can be used . in connection with the conduct Of' military operations

any arrangements relating to the collection of means of transport or

for the protection of

(f)

(g)

(h)

. (2)

(j)

(i) transport or communications, or

(ii) the supply or distribution of any commodity;

(iii) any prohibited place, protected place or protected

area or any: person or thing in, Or relating to any such place or area or anything used in or done or proposed to be done in, or in relation to any such place or area ;

any losses or casualties incurred by persons in the service of the Government;

any other matter whatsoever., information as to which would or might be, directly or indirectly prejudicial to the security and interest of Sikkim.

('k)

12. Prohibition of prejudicial acts, publications and communications.

(I)

(a)

(b)

No person shall, without Lawful authority or excuse do any prejudicial act

obtain, collect, record, elicit, make print. or publish or distribute ,or

.connected by any means whatsoever to any other person, any

information likely to' be prejudicial .to the security and interest of Sikkim or,

make; print, publish or distribute any' document containing, or spread by any other means whatsoever any prejudicial report

The author, editor. printer and publisher of, and any person who

otherwise . makes or produces, any information likely to be

prejudicial to. the security and interest of Sikkim, and any person who distributes .or sells any information or report of that nature,

knowing it to be of such nature, shall be deemed to have contravened this rule.

If any person contravenes any, of the provisions of this rule, he shall be punishable with 'imprisonment for a term which may

extend to five years, or 'with fine, or with both.

(c)

(3)

. .

13 Sabotage( I) No person shall do any ,act with intent to impair the efficiency

or impede the working of or to cause damage to

(a) ,any building ,vehicle, machinery,. apparatus or other property

used or intended to be used for the purpose of Government;

any road irrigation. works waterway bridge, culvert, causeway any telegraph or telegraph line or post

any building or other property used in connection with the

distribution or supply of any essential commodity, any mine or

factory ;

any prohibited place or protected place.

if anyone approaches, or is in the neighborhood of any such building, place or property as is mentioned in sub-rule (I), in circumstances which afford reason to believe that he intends

to contravene that sub-rule, he shall be deemed to have attempted a contravention thereof.

258

(b)

(c)

(d)

(2)

(3) If any person contravenes any of the provisions of this rule, he shall be

punishable with imprisonment for a term which may extend to seven years or with fine,

or with both.

Interference with postal. and telegraphic communications

.No person shall knowingly

cause interference with the sending or receiving of communications by post, or telegraphy; or

(b) intercept any postal telegraphic or telephonic communication.

(2) If any person contravenes ,any of the provisions of this rule, he shall

be punishable with imprisonment for a term which may extend to five years or with

fine, or with both.

I 5 Prescription etc. of certain documents.-

(I) where in the opinion 'of the Government, any document made, printed or

published, whether before or after the Rule came into force, contains any prejudicial

report the Government may , by order,

(a) require the editor publisher or person in possession of such document to

inform the authority, specified in the order of the name and address of any person concerned in the supply or communication of such information or

In the making of such report

provide for the safe keeping by persons in possession of such document

and copies thereof;

require the delivery of such documents and any copy thereof to an authority specified in the order

14.

(1)

(a)

(b)

(c)

(d)

(e)

prohibit the' further publication, sale or distribution of such document or any

extract there from or of any translation thereof including, in the. case of a

'newspaper or other periodicals, the: publication , sale, or. distribution of any

subsequent issue thereof .

declare such document and every copy or translation .thereof or extract.

there from, to be forfeited to Government.

(2) Where. in pursuance of sub-rule (1) any document is required to be delivered to

a prescribed authority, that authority may enter upon and search any premises

'whereon or wherein such document or any copy thereof is or is reasonably suspected

to be.

(3) Where ,in pursuance of sub-rule (1) any document has been declared to be

forfeited to Government any Police Officer may seize any copy thereof. wherever

found in Sikkim, and any Magistrate may by warrant authorize any police officer not

below the rank of a Sub-Inspector to enter upon and search any premises wherein

such document or any copy thereof is or is reasonably suspected to be.

(4-)If any person contravenes any order made under this rule, he shall be

punishable with imprisonment for a term which may extend to. five years or with fine,

or with both.

16. Control of processions, meetings etc.

(I) , The Government may, for the purpose of security of Sikkim and civil defense, the

public safety, the maintenance of public order or the efficient conduct of military

operations by general or special order prohibit, restrict or impose conditions upon, the

,holding of or taking part in public processions, meetings or assemblies.

(2) Any Police Officer may. take such steps or use such force as may be

necessary for securing compliance with' any order made under'. this rule. .

(3) If any person contravenes any order made under this rule, he shall be

punishable with imprisonment for a term which may extend to three years, or with fine,

or with both. 1'7, Requisition of Movable Property (Movable property includes any

vehicles)

(I) If in the opinion of the Government it is necessary or expedient so to do for

securing the security of Sikkim and civil defense, the public safety, the efficient

conduct of military operations or the maintenance of services and supplies essential

to the life of the community, the Government may, by order in writing, requisition any

movable property and may make such further orders as appear to it to' be necessary

or expedient with the requisition. .

(2) Where the Government has requisitioned any property .under sub-rule (I), it

shall vest in the Government for the period of requisition and the' Government may

use or deal with it in such manner as may appear to it to be expedient.

18. Release from requisition.

(I) The Government may at any time release from requisition any property'

requisitioned under rule 17 and shall as far as possible, restore the property in as

good condition as it was when possession thereof was taken. subject to the changes

caused by reasonable wear and tear.

259

260

(2)' The compensation payable in respect of requisitioning ,of any 'moveable .

property shall be determined by the Government as considered .proper

19.. Control of road transport.

The Government may by general or' special order

(a) regulate, restrict .or give directions with: respect to the use of any animal or vehicle

for the purpose of road transport or the sale or purchase of any animal or vehicle

require any person owning, or having in his possession or. under, his control, any animal or vehicle to make to any person specified in this behalf a return

giving such: particulars as may be specified in the order with ,regard to such animal or vehicle and require such. return to be ,verified .as .may 'be specified

in the order;

require' any person owning or employed in connection' with, or having

in his possession or under his control' any animal or vehicle ,to comply

with any directions given by any person specified in, or duly. authorized in ,

pursuance of the order and such directions may require the person owning. or employed in connection with or having in his possession or under his control,

any animal or vehicle to use such animal or vehicle for conveyance of such persons. or goods at such time and by such routes as may be set forth in the

direction

prescribe the 'conditions subject to. which, and the rates. at which, any animal or- vehicle may be hired for the purpose of road transport and persons or

goods may be carried by road provide for prohibiting any person or class. of persons from travelling by , any

vehicle or class of vehicles provide for the regulation of the priority In which person and goods are to be

carried by road and vehicles to be used for the purpose of .road transport:

make such other provisions in relation to road transport as appear to the

Government to be, necessary or .expedient for securing the security of Sikkim.

and civil defense, the public safety. the maintenance of public order of the efficient. conduct of military Operations, or for maintaining supplies and

services essential to the life of the community.

(2) If any person contravenes any order made' in pursuance of this rule, he shall be

punishable with imprisonment for a term which may extend ,to six months, 'or with fine.

or with both.

20. The Chief Secretary to the Government of Sikkim . is- authorised to make orders under these Rules.

.

(b)

(c)

(d)

(e)

(f)

(g)

By order D DAHDUL

Chief .Secretary Government of Sikkim.

261

PART III

Rules, Orders, Press Notes etc.

HOME DEPARTMENT

Notification No. I 770/H.

Dated Gangtok, the 11th February, 1963.

The Sikkim Public Security (Requisitioning and Acquisition

of Immovable Property) Rules, 1962

I Short title.- These rules may be called the Sikkim Public Security' Requisitioning and Acquisition of Immovable Property) Rules, 1963.

2 Power to require delivery of possession of property.- Whenever any property is

requisitioned, the Government of Sikkim may by order require the owner or person in possession

of the property to deliver possession thereof, after removing there from any furniture or other articles, to such person and 'within such time as may be specified in the order.

3. Procedure for taking possession. - Where any person either remains in possession of any requisitioned property or fails to remove there from any furniture or other articles belonging to him in contravention of any order of requisition, the Government of Sikkim may enter into or take possession of the property and while taking possession of the property, the Government of Sikkim. shall make, in the presence of two witnesses, an inventory of the furniture or other articles found therein and after giving not less than 3 days notice for removing such furniture or other articles, may - dispose of such furniture or other articles by public auction. The sale proceeds, if any, shall, after deducting the. expense, of the sale, be paid to such person or persons as are entitled to receive the same.

4. A property requisitioned can be used for any. one or more purposes at the discretion of the Government.

5. (i) The Government of Sikkim may, by order in writing, require any person interested to execute such repairs to the property (being repairs which are necessary and are usually made by owners of properties in the locality in which the requisitioned property is situated) and within such time as may be specified in the order, and if the person interested fails to execute any repairs in pursuance of such order, the Government of Sikkim may cause the repairs specified in the order to be executed and the expense of such repairs shall be deducted from the compensation payable to him so, however, that the amount to be deducted shall in no case exceed the compensation payable for a month in any one year.

(ii) 'the Government of Sikkim does not consider it in the public interest to allow entry into the property by the person interested or his agents or workmen for carrying out the requisite repairs, such repairs may be carried out by the Government of Sikkim and the expenses thereof shall be deducted from the compensation payable in respect of the property in accordance with sub -rule (i).

262

6. Release from Requisition.- (i) Where any person to whom the possession .of any

property to be released is to be given fails to accept delivery of the property, or cannot be found and has no legal agent or any other person empowered to accept delivery on his behalf. the

Government of Sikkim shall cause a notice declaring that the property is released from requisition, to be served by registered post at the last known address of such person and a copy

of such notice shall at the same time be fixed on some conspicuous part of the property and a purport of the notice shall be made public in the manner that the Sikkim Government may

consider sufficient. Such property shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to the

possession thereof and the Government of Sikkim shall not be liable for ,any compensation or other claim in respect of the property. for any period after the said date.

(ii) Where any requisitioned property or any material part thereof is wholly destroyed or

rendered substantially and permanently unfit for reasons beyond the control of the Government, the property or any such part thereof, shall at the option of the Government of Sikkim be deemed

to have been released from requisition and the Government of Sikkim shall not be liable to restore the same in as good a condition as it was at .the time of requisition. making allowance

for normal deterioration.

7. Compensation.- (i) Government of 'Sikkim shall, as soon as may be after the property has been requisitioned, determine the compensation payable and shall also apportion it where necessary among the persons being known or believed to be interested in the property or whom or of whose claim to compensation the Government has information. Such determination shall be communicated by the competent authority to the person or persons in whose favour the determination has been made.

(ii) The Compensation will be determined on the basis of a month rental worked out by

the Sikkim Public Works Department and the finding of the Chief Engineer will be final. (iii) The Compensation shall be payable on the expiry of every three month in respect

of a building and on the expiry of every six months in respect of a rural land.

. 8. Orders on behalf of Sikkim Government under this rule will be passed by the Chief

Secretary to The Government of Sikkim.

By Order

D. DAHDUL Chief Secretary

Government of Sikkim.

263

GOVERNMENT OF SIKKlM

HOME DEPARTMENT

Notification NO.1520/H

Dated Gangtok, the 3rd January, 1963.

His Highness the Maharaja of Sikkim is pleased to promulgate the

following rules

RULES TO PROVIDE FOR REGISTRATION AND SOLEMNIZATION OF A FORM OF

MARRIAGE IN SIKKIM

Chapter I

I. Conditions relating to solemnization of marriages - A marriage between any two persons

may be solemnized under this Rule if at the time of the marriage the following conditions are fulfilled, namely:

(a) neither party has a spouse living;

(b) neither party is an idiot or lunatic

(c) The male has completed the age of 21 and the female the age of 18 years.

2. Notice of intended marriages - When a .marriage is intended to be solemnized under this

Rule the parties to the marriage shall give notice thereof in writing in the form specified in the First schedule to the Marriage Officer of the area in which at least one of the parties to the marriage

must have resided for a period not less than thirty days immediately preceding such notice is given.

'3. Marriage Notice Book and publication - (I) The Marriage Officer shall keep all notices given

under Section 2 with the records of his office in a book prescribed for that purpose, to be called the

marriage notice book and such book shall be open for inspection without fee by any person

desirous of inspecting the same in the Office of the Marriage Officer ..and in his presence.

(2) The Marriage Officer shall cause every such notice to be published by affixing a

copy thereof to some conspicuous place in his office.

4 Objection - (I) Any person may, before the expiration of thirty days from the date on which such

notice has been published under sub-section (2) of Section 3, object to the marriage in writing on

the ground that it would contravene one or more of the conditions specified in Section I.

(2) After the expiry of thirty days from the date on which notice of an intended

marriage has been published under sub-section (2) of Section 3, the marriage may be solemnized

it has been previously objected to under sub-section (I). '

(3) The nature of the objection shall be recorded in writing by the Marriage Officer in

the Marriage Notice Book, be read over and explained, if necessary, to the person making the

objection and shall be signed by him

(b)

(c) (d)

264

5'Procedure on receipt of objection-(1) .If an objection is made under section 4 to an intended

marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the .

matter of the objection and is. satisfied. that it ought to prevent the solemnization of the marriage

or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more

than thirty days from the date of the objection for the purpose of inquiring into the matter of the

objection and arriving at a decision.

(2) If the Marriage Officer upholds the objection and refuses to solemnize the

marriage, either party to the intended marriage may, within a period of thirty days from .the date of

such refusal, prefer an appeal to the High Court and the decision of the. High 'Court on such

appeal shall be final and the Marriage Officer shall act in: conformity with the decision of the High

Court. .

,6. Power of the Marriage Officer in respect of inquiries

(I) For the purpose of any inquiry under section 5, the Marriage Officer shall have all the

powers vested in a civil court, when trying a suit in respect of the following matters, namely.

(a) . summoning and enforcing the attendance of witnesses and examining them on oath

discovery and inspection;

compelling production of documents;

reception of evidence on affidavits;

and any proceeding before the Marriage Officer will be deemed to be a judicial

proceeding.

(2)If it appears to the Marriage Officer or the Appellate Court that the objection made to an

intended marriage is not reasonable and has not been made in good faith, he may impose. on the

person objecting costs by way of compensation not exceeding Rs. 1000 and award the whole or:

any part thereof to the parties to the intended marriage and any order for costs so made may he

executed in the same manner as a decree passed by the Civil Court.

7. Before the marriage is solemnized the parties and two witnesses shall, in the presence of the

Marriage Officer sign a declaration in the form specified in the Second Schedule and the

declaration shall be countersigned by the Marriage Officer.

8(I)The marriage may he solemnized at the office of the Marriage Officer appointed by the

Government of Sikkim or at such other places within a reasonable distance there from, as the

parties may desire and upon such conditions and the payment of such additional fees as may he

prescribed.

(2)The marriage may be, solemnized in any form which the parties may choose to adopt:

Provided that it shall not be complete and binding on the parties unless each party says

to the other in the presence of the' Marriage Officer and the two' witnesses and in any language

understood by the parties- "I, (A), take the (B), to be my lawful wife (or husband)" .

9. (I)When the marriage has been solemnized, the Marriage Officer shall enter a certificate

thereof in the form specified in the Third Schedule in a book to be kept by him for that purpose and

to be called the Marriage Certificate Book and such Certificate shall be signed by the parties to the

marriage and two witnesses.

265

(2) On a Certificate. being entered In the Marriage Certificate Book by the.

Marriage' Officer, the Certificate shall be deemed to be conclusive evidence of the fact that as

marriage under this Rule has been solemnized and that all formalities respecting the signature of

the witnesses have been complied with.

10. Restitution of Conjugal Rights.- When either the husband or the wife has without'

reasonable excuse, withdrawn from the. society of the other, the aggrieved party may

apply by petition to the Chief Magistrate's' Court for restitution of conjugal rights and the

Court on being satisfied of the truth of the statements made in 'such petitions, and that

there is no legal ground why the application should not be granted, may decree

restitution of conjugal rights accordingly.

Judicial Separation - (1) A petition for judicial separation may be presented to the

Chief Magistrate's Court either by the husband or the wife.

(a)' on any of the grounds specified under section 12 on which a petition for

divorce might have been presented; or

on the ground of failure to comply with a 'decree or restitution of conjugal rights;

and the court, on being satisfied of the truth of the statement made in such petition, and

that there is no legal ground why the application should not be granted, may decree

judicial separation accordingly.

(2) Where the Court grants a decree for judicial separation, it shall be no

longer obligatory by the petitioner to cohabit with the respondent, but the Court may, on

the application by petition of either party and on being satisfied of truth of the

statements made in such petition, rescind the decree if it considers just and reasonable

to do so.

Divorce .A petition for divorce may be presented to the Court of the Chief Magistrate

either by the respondent or the wife on the ground that the respondent(a) has since the

solemnization of the marriage committed adultery; or

(b) has deserted the petitioner without cause for a period of at least three years

, immediately preceding the presentation of the petition; or

(c) is undergoing a sentence of imprisonment for seven year.. or more for any,

criminal offence:

Provided that divorce shall not be granted on this ground, unless the respondent

has prior to the presentation of ' the petition undergone at least three years

imprisonment out of the seven years of imprisonment; or

(d) has since the solemnization of the marriage treated the petitioner with

cruelty; or

has been incurably of unsound mind for a continuous period of three

years immediately preceding the presentation of the ,petition ; or .

has for a period of not less than three years immediately preceding the

presentation of the petition been suffering from venereal disease in a

communicable form the disease not having been, contracted from the petitioner;

or

11

(b)

12.

(e)

(f)

(g)

13.

(h)

266

has for a period of not Iess than three years. immediately preceding the

presentation of the petition been. suffering .from leprosy, the disease

not having been contracted from the petitioner; or .

has not been heard of as being alive for a period of seven years or more by

those persons who would naturally have heard of the respondent if the

respondent had been alive; or . .

has not resumed cohabitation for a period of two years or upwards after the

passing of the decree for judicial separation against the respondent; or

has failed to comply with a decree for restitution of conjugal rights for a period of

.two years or upwards after the passing of the decree against the respondent

and by the wife on the ground that her husband has since the solemnization

of the marriage has been guilty of rape, sodomy or bestiality.

A petition for divorce may be presented to the Chief Magistrate's Court by both

the parties together on the ground that they have been living separately for a

period of one year or more, that they have not been able to Iive together and that

they have mutually agreed that the marriage should be dissolved. .

On the motion of both the parties made not earlier than one year after the date of

the presentation of the petition referred to in sub-section (I) and not later than

two years after the said date, if the petition is not withdrawn in the meantime, the

Chief Magistrate's Court shall, on being satisfied after hearing the parties and

after making such enquiries as it thinks fit, that a marriage has been solemnized

under this rule and that the averments in the petition are true, pass a decree

declaring the marriage to be dissolved with effect from the date of the decree.

(i)

(j)

(1)

(2)

No petition for divorce shall be presented to the Chief Magistrate's Court unless at the date of the presentation of the petition three years have passed since the

date of entering the certificate of marriage in the Marriage Certificate Books:

Provided that the Chief Magistrate's Court may upon application being made to it, allow

a petition to be presented before three years have passed on the ground that the case is one of

exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the Chief Magistrate's Court at the hearing of the petition that the

petitioner' obtained leave to present the petition by any misrepresentation or concealment of the nature of the case the Chief Magistrate's Court may dismiss the petition without prejudice to any

petition, which may be brought after the expiration of the said three years period upon the same, or substantially the same, facts as those proved in support of the petition as dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of three-years from the date of the marriage, the

Chief Magistrate's Court shall have regard to the interest of any children of the marriage, and to the question whether there is a reasonable probability of a

reconciliation between the parties before the expiration of the said three years.

14 (I)

I5

16.

17.

267

Where a marriage has been dissolved by a decree or divorce, either patty to the. marriage may marry again.

Void Marriages.

(I)

(ii)

Any marriage solemnized under this Rule shall be null and void and may be so declared by a decree of nullity if

any of the conditions specified in clauses in clauses a, b ,c., of Section 1

not been fulfilled, or

the respondent was impotent at the time of the marriage and at the time of

the institution of the suit.

(i)

Voidable Marriages.- Any marriage solemnized under this Rule shall be voidable and

may be annulled by a decree of nullity if

(i) the respondent was at the time of the marriage pregnant by some other

than the petitioner; or

(ii) the consent of either party to the marriage was obtained by coercion or

fraud:

Provided that, in the case specified in clause (i), the Court shall not grant

decree a unless it is satisfied -

(a) that the petitioner was at the time of the marriage ignorant of the facts alleged

that proceedings were instituted within a year from the date of the marriage and (b)

(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree .

Provided further that in the case specified in clause (ii), the Court shall not

grant a decree if,

(a) proceedings have not been instituted within one year ,after the coercion

had ceased or, as the case may be, the fraud had been discovered; or

the petitioner has with his or her free consent lived with the other party to the

marriage as husband and wife after the coercion had ceased or, as the case may

be. the fraud had been discovered.

(b)

I 8 Legitimacy of children of void and voidable marriage.

Where a nullity is granted in respect of any marriage under Section 16 or Section 17, any child begotten before the decree is made who would have been the legitimate child of the

parties to the marriage if it had been dissolved instead of being declared to he null and void or annulled by a decree of nullity shall be deemed to be their legitimate child notwithstanding the

decree of nullity.

268

CHAPTER III

19.

20.

" '

-,'

Court to which petition should, be made.

Every petition under Chapter II shall be presented to the Chief Magistrate Court ,in Sikkim. .

(I)

Duty of Court in passing decrees.

In any proceeding under Chapter II, whether' defined or not, if the' Court

is satisfied that.

any of the grounds for granting. relief exists and

where the ground of the petition is adultery, the, petitioner has not in any manner

been accessory to or' connived at or condoned the adultery: or, where the'

ground of the petition is cruelty, the" petitioner has not in any manner cordoned

the cruelty and

when divorce is sought on the ground of, mutual consent; such consent has

not been obtained by force, fraud or undue influence, and

,the petition is not presented or prosecuted in collusion with the respondent; and

(a)

(b)

(c)

(d)

(e) there is no other legal ground why the, relief should not be granted;

then and in such a case, but not otherwise, the Court shall decree such relief accordingly.

(2) Before proceeding to grant any relief under this rule, it shall be the duty

of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavor to bring about a reconciliation between the parties.

, ' 21.If in any proceeding for divorce, the respondent opposes the relief sought on the ground of the petitioner's adultery,' cruelty or desertion, the Court may give to the respondent the same relief to which he or she would have been entitled if he or she had presented a petition seeking such relief.

22. Where in any proceeding under Chapter II it appears to the Court that: the wife has no

independent income sufficient for her support and the necessary expenses of. the proceeding, it

may, on the application of the wife order .the husband to pay to her the expenses of the proceeding, weekly or monthly during the proceeding such sum as having regard to the

husband's income it ,may seem to the Court to ,be reasonable.

,23. (I) The, Court exercising jurisdiction under Chapter may. at :the: time .of passing any decree or at any time of passing any decree or at any time subsequent to the decree, on application made to it for tbe,.purpose order; that the husband. shall secure. to the wife for her maintenance and support if necessary by a charge on the husbands . property, such gross sum. or such monthly or periodical payment of ,money for a term not exceeding her life; as, having' regard to her life ,as, having regard to her own property ,if any, her' husbands property and ability and the conduct of the parties; it may seem to the Court to 'be justified.

269 .

(:2)If the Court is satisfied. that there .is a' change in. the. circumstances of either party at

any time after it has made an . order under sub-section (I) it may,. at' the instance of either party

vary, modify or rescind 'any such order in such' manner as It may seem. to the Court to be just.

. (3) If the Court is satisfied that the wife in whose favour and order has been made under this section has remarried or is not leading a chaste life, it shall rescind 'the order.

24. In any proceeding under Chapter II the Court may, from ,time to time pass such interim' orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application petition for the purposes, make revoke, suspend or vary from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending. .

:25 All decrees and orders made by the Court in any proceeding. under Chapter II shall be enforced in like manner as the decrees and orders of the Court made in the exercise of its

original civil jurisdiction are enforced and may be appealed from under the law for the time being in force:

.Provided ,that every such appeal shall be instituted within a period of ninety

days from the date of the decree or orders. . .

26. The proceeding under this rule shall be conducted in camera if either party thereto

so desires or if the Chief Magistrate' Court so thinks fit to do. .

CHAPTER IV

27. Nothing contained in this Rule shall effect the validity of any marriage not solemnized under its provisions; nor shall this Rule be, deemed directly or indirectly to affect the validity of any mode of contracting marriage.

28. Every person who, being at the time married, procures a marriage of himself or herself to be

solemnized under this Rule shall be deemed to have committed an offence under Section 494 or

Section 495 of the Indian Penal Code (Act 45 of 1860), as the case may be, and the marriage so solemnized shall be void.

29. Every person whose marriage is solemnized under this Rule and who, during the lifetime of

his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in Section 494 and Section 495 of the Indian Penal Code (Act 45 of 1860), for the

offence -of marrying again during the -lifetime of a husband or wife, and the marriage so contracted shall be void.

30Every person making, signing or attesting any declaration of certificate required by or under

this Rule containing a statement which is false and which he either knows or believes to be false or does not believe to be true shall be guilty of the offence described in Section 199 of the Indian

Penal Code (Act 45' of 1860).

3 1 Any Marriage Officer who knowingly and wilfully solemnizes a marriage this Act ( I) without publishing a notice regarding such marriage as required by section. . 2, or

270

(2)

(3)

within thirty days of the publication of the notice of-such marriage. or

in contravention of any other provision contained in this rule;

shall be punishable with simple imprisonment for a term which may extend' to one year,

or with fine which may extend to five hundred rupees, or with both:

32. (I) The Marriage Certificate Book kept under this Rule shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein

contained.

. (2) Certified extracts from the Marriage Certificate Book shall on application

be given by the Marriage Officer to the applicant on payment by him of the prescribed fee.

33. (I) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month of the person's marriage or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

34.. The Government of Sikkim may, by notification in the Official Gazette,

make such other rules as it may consider expedient for the purpose of carrying into effect the provision of these Rules for which no 'provision or no sufficient provision is already made in

these Rules.

D. DAHDUL.

Chief Secretary, Government of Sikkim.

,-,

.

-

271

THE FIRST SCHEDULE

(See Section2 ) <

...

Notice of intended marriage under Section 3 (I) of the rules to provide for registration and solemnization of a form of marriage in Sikkim.

To

The Marriage Officer.

Government of Sikkim.

We hereby give you. notice that a marriage under the Rule to provide for registration and

solemnization of a form of marriage in Sikkim is intended to be solemnized between us within

three calendar months from the date hereof. .

Name' Condition Occupation Age Dwelling place

Permanent dwelling <

place if pre-sent dwelling

,Place not :permanent

Length of resi-dence

AB Unmarried

Widower

divorcee

CD Unmarried Widow

divorcee

Witness our hands this. . ........ .. ........ . .. .. ...day of .................................. ...19

Sd. A.B.

Sd. C.D.

,

1

272

THE SECOND SCHEDULE:

(See Section 7 )

Declaration to be made by the Bridegroom-, l

A.B. hereby declare as follows:

I. I am at the present time unmarried (for a widower or a divorcee, as the case may be). '

2. I have, completed. . . . . . years of age.

3. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not

believe it to be true, I am liable to imprisonment and also to fine.

Sd/- A.B. (the Bridegroom).

Declaration to be made by the Bride I,

I

C.CD. hereby declare as follows:

I. I am at the present time unmarried (or a widow or a divorcee, as the case may be).

2. ,I have completed ....................... years of age.

3. I am aware that, if any statement in this declaration is false, and if in making

such statement I either know or believe it to be false or do not .believe it to be true, I am liable to imprisonment and also to fine.

Sd/- C.D. (the Bride).

Signed in our presence by the above named A.B. and C.D. So far as we are

aware there is no lawful impediment to the marriage.

(Sd) G.H.

(Sd) I.J .

Two witnesses.

Countersigned E.F.

Marriage Officer.

Dated the. . . . . . . . . . . . . . . . . . . . . day of...................................................19

273

THE THIRD SCHEDULE

(See Section 9)

. Certificate. of Marriage

I, E.F........................... .hereby certify that on the.............. ..day of....................... 19. A.B. and C.D.. . + appeared before me and that each of them, in my presence and in the presence of two witnesses who have signed hereunder made the declaration required by Section 7 and that a marriage under this Rule was solemnized between them in my presence.

s./- E.F.

Marriage Officer for

Sd/- A.B.

Bridegroom

Sd/- C.D

Bride

Sd/-G.H.

Sd/-I.J

Two witnesses.

Dated the... . . . . . . .. ....... . . . . . . . . . . . . . . . .. day of. . . . . . . . 19,6

*Herein give particulars' of the parties.

274

Notification NO'. I535/H

Dated Gangtok, the 3rd January, 1963

His Highness the Maharaja of Sikkim has: been pleased to appoint the following as

Marriage Officer in Sikkim under Section 2 of the Rules to Provide for. Registration and

Solemnization of a Form of Marriage in Sikkim:

I,. Chief Secretary to the Government of Sikkim for the whole of Sikkim.

Chief Magistrate of Sikkim for the whole of Sikkim.

Magistrates in-charge of the East, West and Northern areas within their

respective jurisdiction.

2.

3.

D. DAHDUL Chief Secretary

Government of Sikkim.

GOVERNMENT OF SIKKIM

HOME DEPARTMENT

NOTIFICATION NO: 718/H., dated the 28th September, I964..

The Sikkim Darbar has been pleased to exempt payment of court fees on plaints and all types of petitions filed by the Government of Sikkim in all courts of Sikkim. including

scribing of plaints and all types of petitions on Darbar paper and also filing of process fees by way of stamps, from the date of this Notification.

This notification will also include all types' of .appeals and reviews filed ,by the

Sikkim Government against the judgments or orders of lower courts.

BY 0RDER

D. Dadhul Chief Secretary

Government of Sikkim.

275

GOVERNMENT OFSIKKIM

BAZAR DEPARTMENT

NOTIFICATION NO. 998-3'99/B-

It is hereby notified for the information of those license holders of all the Bazaars in Sikkim dealing in tea, thukpa, sweet-meat shops and dealers of other eatable articles 'that they shall ,not expose for sale all such prepared food-stuff,. but shall keep the properly covered in boxes either with a glass or wire-mesh. .

Anyone found acting against this order shall be severely dealt with and in addition their licence shall also be forfeited and cancelled.

BY ORDER

Gangtok,

The 19th, June, 1965

P. HISHEY EXECUTIVE OFFICER BAZAR DEPARTMENT

GOVERNMENT OF SIKKIM

BAZAR DEPARTMENT

NOTIFICATION NO. 1868-2999/B , It is hereby notified for the information and guidance of the public in general and

merchants in particular that His Highness the Chogyal of Sikkim has been pleased to introduce

the METRIC system of WEIGHTS & MEASURES throughout Sikkim with effect from the 1st

October, 1965.

Old weights & measures shall no longer be in use in future with effect from the above date.

Standard weights bearing marked "SKM" are available for purchase with

conversion charts with Sikkim Government dealers Messer’s. Biharilall Namchand of Gangtok for Eastern & North Sikkim and Shri Ram Badriprasad of Nayabazar of Western Sikkim as per

Schedule of selling rates given hereunder.

Gangtok :

The 11th August, 1965.

P. HISHEY Executive Officer Bazar Department.

SELLING RATES OF, METRIC WEIGHTS

Sale Rate for North & East Sikkim:

50 Kg 26Kg 10Kg

Rs.45..87np Rs.19.07np Rs..l0.03.np.

Sale Rate of South & West Sikkim:

Rs44.16np. Rs.I8.43np. RS.l0.03np

Brass Weights for Sale in whole of Sikkim.

5Kg

Rs. 6.. 83 np.

2kg 1Kg to .100 grams

RS.3.41np. Rs.5.85np

Rs.6.67np Rs.3.34np Rs.5.79np,

'I to 50 grams ..........Rs.2.84np per set.

10 to 50 grams.. ........Rs.2.00 np per set.

276

GOVERNMENT OF SIKKIM

FOREST DEPARTMENT

NOTIFICATION NO.3075/F.

. - .

In Notification of this Office Notification No. 1675/F dated the. 27th. June,

1955 it .is :hereby notified for -the information of the public in general that

I. Any animal found grazing, straying, camping or remaining within the areas specified below, will, subject to the provisions hereinafter contained, be sent to. the pound and the owner or owners of

.such animals, will, in addition to the pound fees, pay a penalty of Rs. 10/- (Rupees ten) per head per animal which should be paid to and deposited with the Gangtok Bazar Committee or any other

Officer authorised by the Sikkim Darbar, before release of such cattle from the pound: Provided that such animals are allowed to. be kept under Darbar Rules, by authorised residents, grazing, straying

or remaining within the compound of the particular resident, will not come under the scope of the notification or the rules framed thereunder.

2.Pigs will be shot dead' and the carcass returned to the owner, after payment

of penalty of Rs. 10/- (Rupees ten) per head, by him or on his behalf. If however, the carcass

is not claimed within two hours after the pig has been shot dead, it will be sold, by public

auction and the proceeds thereof credited the Darbar's account.

3.Chicken and other domestic birds found so straying will be caught or killed

and sold by public auction and the sale proceeds credited to the Darbar's account.

4. . All animals that have been impounded under this notification will be sold by public auction and the sale proceeds will be credited to the Darbar's account, unless they are

claimed and released within 7 days in accordance with the rules for the time being in force. BOUNDARY OF PROHIBITED AREA:

Starting from the Jail Compound, along the Enchey Monastery compound, joining the Palace compound above Mintokgang and along the Eastern side of the .Palace compound

including Sikkim Guards compound and Palace Guest House compound, joining the Tashiling Compound, along the, Eastern boundary of the Tashiling compound, along the main spur of the

Gangtok hill to join the path between Kazi S. Dahdul's house and Mrs K.R. Pradhan, along Jhora by Star Cinema to the main Gangtok .Rangpo Highway, along the Gangtok-Rangpo highway

including West Point School Highway, and Police line, down the Telephone exchange Jhora, near the forest nursery, along the lower boundary of the Forest nursery 'to the Jhora between .the

house of Late 'Mr. Dakman Lama ,and the Paljor Stadium, upto this Jhora to meet the road leading to Paljor Stadium, along this road to Girls' School's Southern boundary, along this boundary to the

Development Jhora, along foot path, leading to Sichey busty upto and including H.S. School compound and Sichey slip, joining and including Baluwakhani Forest Colony, along the North

Sikkim Highway upto the P. T. Institute, Jhora, along this Jhora to the Jail along India House boundary.

277

In case of any doubt a map of the area is to be seen at the Tashiling.

The Taktse. Palace compound shall also come within the scope of this notification..

.. It is expected of all persons residing within these limits to cooperate with

the Sikkim Darbar and render help in enforcing this rule if called upon to do so. This

order will take effect from the l0th November, 1969.

BY ORDER,

"

Gangtok,

The 31st October, 1969'

K. C. PRADHAN

Conservator of Forest,

Government of Sikkim, Gangtok.

278

GOVERNMENT OF SIKKIM

INCOME AND SALES TAX DEPARTMENT

NOTIFICATION NO. 1554-500 /IT & ST.

. It- is hereby notified to the, public in general that incomes accruing or arising

directly or indirectly from the properties situated in the Bazar area or from salaries received

either from the services rendered to the Sikkim Government or to any private individuals, firm or

companies will. be assessed to Income Tax at the following rates:

On the first

Next

Next

Next

Next

Next

Rs.2400/-

Rs.2400/

RS.3600/

RS3,600/

Rs.6000/

Rs.6,000/- and

above

Nil

1 per cent

4- per cent

6 per cent

8 per cent

10 per cent

, While computing Income Tax reduction of 20 per cent in the case of income arising out of House Properties will be given on account of House maintenance etc. Note:

(Salary includes pay, Special Pay, Personal Pay, Acting Allowance, Charge Allowance, and all other 'allowances excluding House Rent, Rice Concession, Travelling Allowance and Laundry

Allowance).

This. order shall take effect from the 1st of April, 1970

BY ORDER,

Dated "

Gangtok, the 21St April, 1970.

. Sd/ K. Sherab

Secretary, Finance

Income and Sales Tax Department,

Government of Sikkim.

279 ,'"

GOVERNMENT OF SIKKIM

HOME AND POLICE DEPARTMENT

NOTIFICATION NO. I/HP. Dated Gangtok the 29th Dec. 1911.

As precaution against fire, all shop premises within the Bazar areas and petrol pumps in Sikkim shall be equipped with effective fire extinguishers and fire fighting apparatus to

be installed in a suitable and prominent place in the premises. The equipment shall be inspected at regular intervals and anyone contravening the provisions of this notification shall be liable .to

fine which may extend upto Rs .500/- .

The provisions of this notification shall come into force with effect from January I

1972.

BY ORDER Sd/ D. Dahdul

Chief Secretary Government of Sikkim.

Memo No: 4058/HP Dated 29th Dec 1971: COMMISSIONER SIKKIM POLlCE

GOVERNMENT OF SIKKIM

INCOME & SALES TAX DEPARTMENT

NOTIFICATION NO. 27-300/IT &ST.

In continuation of Notification NO.1554-300/ IT&ST dated the 21st April, 1970, it is hereby

notified to the public in general that Income Tax is made liable on the pay after deducting or giving exemption to the extent of the account deducted towards the premium of salary saving

schemes and Government provident Fund. '

This would be applicable from the pay of March, 1973

Gangtok,

The 26th April, 1973

SD./ - K. Sherab, Secretary, Finance, Income & Sales Tax Department, , Government of

Sikkim.

281

CHAPTER II

THE CONSTITUTION ( REMOVAL OF DIFFICULTIES) ORDER No. XI

In exercise of the powers conferred by clause (0) of article 371 F of the Constitution of India and of all other powers enabling him in this behalf, the President is pleased to make the following order , namely:

I. (1) This Order may be called the Constitution (Removal of Difficulties) Order No. XI.

It shall come into force at once. (2)

2.The Governor of Sikkim shall, before entering upon his office, make and subscribe the oath of affirmation prescribed in. article 159 of the Constitution in the presence of the Judge appointed to perform the duties of the office of the Chief Justice of the High Court for that State, notwithstanding that such Judge has not made and subscribed, the oath or affirmation under article 2 19 of the Constitution.

3.The allowances and privileges of the Governor of Sikkim shall, until provision in that behalf is made by Parliament by law under clause (3) of article 158 of the Constitution, be such as the President may, by order, determine.

4.The Governor of Sikkim may authorize by one or more orders such expenditure from .:the consolidated Fund of the State of Sikkim as he deems necessary for a period of not more than six months beginning with the 26th day of April, 1975 pending the sanction of such expenditure by the Legislative Assembly of the State of Sikkim.

5.The salaries and allowances of Ministers for the State of Sikkim shall, until they are determined by the Legislature of the State by law under clause (5) of article 164 of the Constitution, be such as the Governor of Sikkim may by order, determine.

6.The salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly of the State of Sikkim shall, until provision in that behalf is made by the Legislature of the State of Sikkim by law under article 186 of the Constitution, be such as the Governor of Sikkim may, by order, fix.

7.The salaries and allowances of the members of the Legislative' Assembly of the State of Sikkim shall, until provision. in that respect is made by the Legislature of the State of Sikkim by law under article' 195 of the Constitution, be such as the Governor of Sikkim may, by order, determine.

8.Until the Legislature of the State of Sikkim otherwise provides. by law, the English language shall continue to be .used for those official purposes within the State for which it 'was being used immediately before the 26th day of April, 1975.'

9.Article 2 10 of the Constitution shall have effect as if the following proviso were added to clause (2) thereof, namely:

. "Provided further that in relation to the Legislature of the State of Sikkim this clause shall have effect as if for the words 'fifteen years from the commencement of this Constitution occurring therein, the words "fifteen years from the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were substituted."

282

10. .Until rules are. made under clause (1) of article. 208 of the Constitution by the Legislature of the State of Sikkim the rules as to procedure and conduct of business in force immediately before the 26th day of April, 1975 with respect to the Sikkim Assembly shall have effect in relation to the Legislature of the State of Sikkim subject to such modifications and adaptations as may be made therein by the Governor of Sikkim.

11. Notwithstanding that no provision or insufficient provision has been made under clause (I) of article 371 F of the Constitution for the adaptation a law in force immediately before the

26th day of April, 1975, in the territories comprised in the State of Sikkim, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its

application in relation to the State of Sikkim, construe the law in such manner; without affecting the substance, as may be necessary or proper in regard to the matter before the

court, tribunal or authority.

283

Statutory order under the Constitution of India (16/5/75)

In exercise of the powers conferred by clause (I) of Article 299 of the Constitution of India, the Governor of Sikkim is pleased hereby to direct that contracts and assurances of

property made in the exercise of the executive power of the State of Sikkim may be executed on behalf of the Governor by the officers mentioned below:

I. Chief Secretary

2. All Secretaries to the Government of Sikkim.

Statutory order under the Constitution' of India

In exercise of the powers conferred by clause (2) of Article 166 of the Constitution of

India, the Governor of Sikkim is pleased hereby to make the following rules, namely:

Rules,

These rules may be called the Authentication (Orders and Other Instruments)

1975.

2.. . Orders and other instruments made and executed in the name of the Governor

shall be Authenticated by the signature of the Chief Secretary, a Secretary a Joint

Secretary, a Deputy Secretary, or an Under Secretary to the, Government of Sikkim or an

officer of the Government of Sikkim specially empowered in this behalf by the Governor.

284

THE CONSTITUTION (THIRTY-SIXTH AMENPMENT) ACT,1975

AN ACT

(16.5.75)

further to amend the Constitution of India. Be it enacted by

Parliament in the Twenty-sixth Year of the Republic of India as follows

.

1. (I) This Act may be called the Constitution Amendment

(Thirty sixth ) Act1975

(2) It .shall be deemed to have come into force on the date on

which the Bill for this Act( introduced in the House of the

People as the: Constitution Amendment Bill, (Thirty eighth

1975), as passed by the House of the People, is passed by the

Council of States.

2. In the First Schedule to the Constitution, under the . heading

"I. The STATES", after entry 2 I, the following entry shall be inserted

namely:

"22. Sikkim The territories which immediately before the

commencement of the Constitution (Thirty-sixth Amendment) Act,

1975, were comprised in Sikkim".

3. After article 371 F of the Constitution, the following article shall be inserted,

namely:

.. 3 71 F. Notwithstanding anything in the Constitution

(a) the Legislative Assembly of the State of Sikkim shall consist of not less

than thirty members.

(b) as from the date of commencement of the Constitution (Thirty-sixth

Amendment) Act, 1975 (hereafter in this article referred to as the appointed

day)

(i) The Assembly for Sikkim formed as a result of the elections held in

Sikkim in April, 1974 with thirty-two members elected in the said election

(hereinafter referred to as the sitting members) shall be deemed

,to be the Legislative Assembly of the State of Sikkim duly constituted

under this Constitution.

(ii) the sitting members shall be deemed to be the member of the

Legislative Assembly of the State of Sikkim duly elected under this

Constitution. and; .

(iii) the said Legislative Assembly of the State of Sikkim shall exercise

the power and perform .the. functions of the Legislative Assembly

of a State under this Constitution

285

(c) in the case of the Assembly deemed to be Legislative Assembly

of ' the State of Sikkim under clause (b) the reference to the period of five years. in :clause (1) of article I72 shall be constituted as reference. to period of four years and the said ,period' of four years. shall be deemed to commence from the appointed day ;

(d) until other provisions are made by Parliament 'by law, there shall \ be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim

(e) the representative of the State of Sikkim in the .House of the People in existence on the appointed day. shall be elected by the members of the Legislative Assembly of the State of Sikkim;

(f) Parliament may, for the purpose of protecting the rights and interests of

the different sections of the population of Sikkim. make provision

for the number of seats in the Legislative, Assembly, of the State of Sikkim which may be filled. by ,candidates belonging to such sections and for the. delimitation of the assembly constituencies from which candidates' belonging to such section alone may stand for election to the Legislative Assembly of the State of Sikkim'

(g) the Governor of Sikkim shall have- special responsibility for peace

and for an elaborate arrangement for ensuring the social and economic advancement of all sections of the population of Sikkim and in the discharge of his special responsibility, under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion j

(h) all property and assets (whether within or outside the territories

comprised in the State of Sikkim) which immediately before' the appointed day were vested in the Government of Sikkim or in any person for the

.purposes of the Government of Sikkim shall as from the appointed day, vest in the Government of the State of Sikkim;

(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall on. and from the

appointed day, be deemed to be the High Court for the State of Sikkim ,

(j) all courts of civil, criminal and revenue jurisdiction all authorities and all

officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise

their respective functions subject to the provisions of this Constitution;

(k) all laws in force immediately before the appointed day in the territories

comprised in .the State of Sikkim or any part thereof shall continue to be in

force therein until amended or repealed by a competent Legislature or other competent authority.

286

(I) for the purpose of 'facilitating the application of ,such law as

referred to in clause .. (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the . provisions of any such

law into accord with the . provisions of this Constitution on, .the President may, within two years from the appointed day ,by order , make' such adaptations and modifications of the law, whether byway of repeal or

amendment, as may be necessary or expedient, and thereupon, every such

law shall have effect subject to the additions and modifications as' may be necessary and any such adaptation or modification shall not be questioned in any Court of law; .. . . . (m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement; engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143

(n). the President may, by public notification .,extend with such restrictions

or modifications as he thinks fit to the State of' Sikkim any enactment

which is in . force in a state in India at the . date .of the notification

(o) if any difficulty 'arises in giving effect to any of the foregoing provisions of this article, the President may, by order; do anything (including any adaptation: or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty:

Provided that no such order shall be made after the expiry of two years from the appointed day ;

(p) aIl -things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty.-sixth Amendment) Act, 1975,receives the assent of the President shall, in so far as they are in conformity with the provisions of the Constitution as amended. by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution .as so

4. In the Fourth Schedule to the Constitution, in the Table,

(a) after entry 2 I, the following entry shall be inserted, namely

22. Sikkim

(b) existing entries 22 to 25 Shall be renumbered as entries 23 to 26

respectively;

(c) for the figures . '2 31 the 'figures" 2 3 2 "shall be substituted

(c) in article 81', in cause (1)the words and figures and paragraph.4. of the

Tenth Schedule shall be' omitted .

(d) the Tenth Schedule shall be omitted.

287

5 The following consequential amendment shall be ,made in the constitution

(a)article 2.A shall be omitted , .

(b)in article 80,in clause (1)the words and figures “Subject to the provisions of

paragraph 4 of the Tenth Schedule “shall be omitted .

288

Statutory orders issued under the Citizenship Act.

"S.O. 2 14 (E.-In pursuance of the notification of the Government of India in

the Ministry of Home Affairs No. S.O. 208 (E) dated 16th May,

1975, the Central Government hereby appoints the 16th day of May, 1975

'as. the date on which the Citizenship Act, 1955 (57 of 1955), shall come into

force in the State of Sikkim.

"S.O. 245(E).-In exercise of the powers conferred by section 18 of the

Citizenship Act, 1955 (57 of 1955), the Central Government hereby

directs that the Citizenship Rules, 1956 shall extend to and come into force

in the State of Sikkim with effect on and from the 16th day of May, 1975.

"S.O. 2 I 6 (E) . -In exercise of the powers conferred by sections 18 (I), (2) (f)

and 5(1) (b) of the Citizenship Act, 1955 (57 of 1955), the Central

Government hereby directs that the Citizens (Registration at Indian Con-

sulates) Rules, 1956, shall extend to, and come into force in, the State of

Sikkim with effect on and from the 16th day of March, 1975.

"S.O. 217 (E).-In exercise of the powers conferred by section 7 of the

Citizenship Act, 1955 (57 of 1955), the Central Government hereby makes

the following Order, namely:

I. This Order may be called the Sikkim (Citizenship) Order, 1975.

2. Every person who immediately before the 26th day of April, 1975, was a

Sikkim Subject under the Sikkim Subjects Regulation, 196 I, shall be deemed

to have become a citizen of India on that day.

"S.0. 214 (E) .-In exercise of the powers conferred by Section 7 of the

Citizenship Act, 1955 (57 of 1955) the Central Government hereby makes the

following Order to amend the Sikkim (Citizenship) Order, 1975, namely:

1. This Order may be called the Sikkim (Citizenship) Amendment Order, I989.

2. In the Sikkim (Citizenship) Order, 1975, to paragraph 2, the following proviso shall be inserted namely:

"Provided that any person whose name was eligible to be entered in the register maintained under the said regulation but was not so entered because of any genuine omission shall also be deemed to have become a citizen of India on that day if so determined by the Central Government.'

2.

In exercise of the powers conferred by Clause (I) of Article 371F of the Constitution,

the President hereby makes the following order, namely:

I. (I) This Order may be called the Adaptation of Sikkim Laws (No. I) Order,1975

It shall be deemed to have come into force on the 26th day of April, 1975.

I. this Order

"appointed day" means the 26th day of April, 19175,

"existing law" means any law in force immediately before the appointed

day in the whole or any part of the territories comprised in the

State of Sikkim. .

289

THE ADAPTATION OF SIKKIM LAWS (NO.1) ORDER, I975.

(I3/9/I975)

(2)

(I)

(a)

(b)

"law" includes any enactment, Proclamation,. Regulation, rule; notification or other. instrument having, immediately before the appointed day, the

force of law in the whole or any part of -the territory now comprised in the State of Sikkim. -

The General Clauses Act, 1897 applies for the interpretation of this

Order as it applies for the interpretation of a Central Act'.. .

3. Whenever an expression mentioned in column I of the Table hereunder occurs

(otherwise than in a title or preamble or in a citation or description of an enactment) in an

existing law then, in the application of. that law in relation ‘to the administration of the State of Sikkim, or, as the case may be,' to any part thereof, unless the. 'context otherwise

requires, there shall be substituted therefor the expression set opposite to it in column 2 of the said Table, and there shall also be made in any sentence in which that expression

occurs such consequential amendments as the rules of grammar may require.

(c) .

(2)

1 2

His Highness the Maharaja of Sikkim

His Highness the Maharaja Sahib

The 'Maharaja in Council

Sikkim Darbar

Darbar

Sikkim Government

State Government

.4 As from the appointed day, the laws mentioned in the First Schedule to this

Order shall stand repealed.

5'.The laws mentioned in the Second Schedule to this Order shall until altered,

repealed or amended by a competent Legislature or other competent authority, have effect

subject to the adaptations and modifications directed by that Schedule.

2.

for the words "Superintendent of Police" in the two places they occur,

substitute "Deputy Commissioner of Police,"

for" Dewan," substitute," District Magistrate"

For Paragraph .4 substitute

"The District Magistrate, on receipt of the report from the Deputy Commissioner'

of Police may, after giving the person concerned, a notice to show cause as to why

his movements should not be restricted within the area or areas specified in the

notice or why he should not be expelled from the State of Sikkim., direct him either

to remove himself to the area specified in the order or from the State itself.

The order shall specify the route by which the person concerned shall remove

himself into the area or out of the State as also the period within which the removal

should be executed:

Provided that the person aggrieved by the order shall have a right of appeal to the State

Government within such time as may be specified in the order and the Government may

either rescind the order or confirm it."

(ii)

(i)

4.

290

THE FIRST SCHEDULE

I. Office Order No. 45/P.S. dated the 22nd' September 1960 declaring the High Court of

Judicature, Sikkim, as a vacation. Department.

2.The Sikkim Subjects Regulation, 196I.

THE SECOND SCHEDULE

I. .The High Court of Judicature (Jurisdiction and Powers )' Proclamation of 1955..

Omit Sections 2, 3 and 5 and Sections 9 to 13.

Section 6.-For sub-section (I), substitute

(a) Subject to the provisions of the Constitution of India, the High Court shall be the

final authority in all judicial matters, Civil or Criminal.

Sections 7 and 8 .-Omit "with the approval of the Maharaja."

Section 7 Omit "with similar approval."

2. Home and Police Department Notification No. 4081/HP regarding the control of undesirables within ,Sikkim

Paragraph, 3.

3. Rules regarding registration of documents:

In paragraph 1 omit "The registration work at the head office shall be under the

direct control of His Highness The Maharaja of Sikkim."

The Sikkim Government Service Conduct Rules, 1957:

Rule 1O, omit the words "the Ruling family of the Darbar" in the two places. they

occur.

Rules for the payment of Darbar witnesses in Courts:

5.

291

1 (I)

2( (2)

In rules 1 and VI, omit "Darbar".

Notwithstanding the direction in the Second Schedule for the omission of

.section 11 of the High Court of Judicature (Jurisdiction and Powers)

Proclamation of 1955, every memorial petition for the review of any case under that section pending immediately before the commencement of this Order shall,

on such commencement,. stand transferred to the High Court and the High Court shall dispose of such petition' as of such petition were an'. application for

review made to it.

Renumbered as sub-paragraph (I) of paragraph 5 by the Adaptation of Sikkim Laws

(No: I).Amendment Order, 1975 with effect from 26,4.1975,.

Inserted by the Adaptation of Sikkim Laws (No. I) Amendment Order, 1975) with

effect from 26./4/. 1975".

I.

2.

"

292

THE SIKKlM COOPERATIVE SOCIETIES RULES, 1980

CHAPTER, 1

PRELIMINARY

Short title and application:

(I) These Rules may he called the Sikkim Cooperative Societies Rules, 1980

(2) They shall extend to whole of the State of Sikkim.

(3) They shall come into force with effect from the. 1980

Definitions

In these Rules, unless the context otherwise requires:

"the Act" means the Sikkim Co-operative Societies; Act 1978 (Act No. ... .12 1978 )

'Borrowed Capital' means the Loans, deposits and other borrowings of a society

including bonds issued by it

'Decree' means any decree of a civil court and includes any order, decision or award referred to in the Act.

'Decree holder, means any. society of person including the Government in whose

favour a decree has been passed

'Default' means failure on the part of the society, member or other persons to repay to

the Financing Bank or any other society, a loan or any other amount due to it within the

time fixed for repayment or to return to the society within the time 'fixed for, finished

goods. in respect of raw material advanced or- to keep any other obligation for the-

fulfillment of which time limit has been specified in the bye-laws

'Defaulter' means any society, member or other person committing default;

'Defunct society' means a society classified as such during the course of an

enquiry or inspection or after reasons to be recorded in writing declared as

such by the Registrar

'Financing bank' means the- State Co-operative Bank, registered under the Act

'Form' means a form appended to these Rules;

'General Body' in relation to any society means all the members of the society in

relation to a co-operative society which has provided for the constitution of a

representative general body' all the delegates or representatives constituting the

representative general body elected in accordance with the provisions of the

Bye-laws of such a co-operative society or the rules approved by the Registrar and

the word 'member, in relation to general body or. general meeting wherever occurring

in these rules or bye-laws of such a co-operative society shall always be constituted as

such delegate or representative

(k) "Government dues" include (i) audit fee leviable ,for audit under section 64

(ii) cost of enquiry leviable under section 68 (iii) loans, share capital, subsidy and grant-in-aid

refundable under the terms of any agreement executed between a society and the

Government, (iv) arbitration fee etc.

(I)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

293

(v) any other ,amount to be spent by the Government on conducting elections of a

committee process fees. diet charges for civil arrests and civil confinement of defaulters, etc.

(l)

(m)

'Judgment debtor means any person against whom a decree has been passed.

'Net Profit of a Society means the profit remaining after allowing for the following

charges , namely

.

(a) Establishment charges, contingent charges, interest payable on loans and

deposits at approved rates and audit fee approved by the Registrar

Explanation - Where the Registrar has powers under the rules to prescribe the qualification

number and the pay and allowances of the employees of a society, the 'Establishment

charges ‘shall mean the Establishment Charges' determined on the number of

employees fulfilling the prescribed qualifications on the rates as may be determined

by the Registrar from time to time.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i) .

(j)

(k)

(1)

(2)

Explanation :

An usual working charges such as repairs rent, taxes and. the like, bounties

or subsides received depreciation irrecoverable book debts written

off with the prior approval of the Registrar

Capital expenditure' written off either wholly or in part;

Capital loss actually incurred and not adjusted against funds created out of profits;

Provisions' for estimated bad debts, it any;

Any other, charges allowed by the Registrar in writing

Owned capital means the total of the paid up share capital accumulated

reserves

,

and other funds created out of profits of a society.

'Record of rights' means the record of rights maintained under the law relating to land revenue in force in the .State.

'Recovery Officer' means any person empowered to exercise 'the power of the Registrar under section 80.

'Section' means a sect ion of the Act;

'Schedule' means the schedule appended to these rules;

'Working Capital' means the total of the borrowed capital and owned capital.

Words and expressions used in these Rules but not defined shall bear the

meaning respectively assigned to them in the Act.,

With reference to a person who is unable to sign his name, the word 'signature' shall include his "Thumb impression" or other mark duly

attested to signify his signature.

Every application for-registration of. a society under sub-section (I) of .section 6 shall

be made in triplicate in Form A, in Hindi, English or local language and shall subject to

the provisions of sub-rules (2) and (3), be duly signed by the applicants in accordance

with the provisions of clauses (a) and (b) of. sub-section (2) of section 6 and be

accompanied by.;

four copies of the proposed bye-laws of the society,

a certificate. from the financing bank stating the credit balance in favour of the

proposed society therein

a list of persons who have contributed to the share capital, together with the

amount contributed by each of them and the entrance fee paid by each of them,

a scheme showing the details explaining as to the economic soundness, of the

proposed society

such other documents as may be specified by the Registrar by a special or general order. . .

Where any member of society to be registered is a registered society, a member of

'the committee of such registered society shall be authorised by the committee by a

resolution to sign on its behalf the application for registration and the byelaws for

registration and a copy of such resolution- duly certified by the Secretary of the society

shall also be appended to the application.

(3) Where any member of a society to be registered is a firm company, corporate

. body, society registered under the Societies Registration Act, 1860 or a public

trust registered under any law for the time being in force or a local authority, then ,such

firm, company, corporate body', society, public trust or local authority shall duly

authorize any person to sign on its behalf the application for registration and the bye-

laws and. a duly certified copy of the resolution giving such authority shall be appended

to the application.

The application for registration shall mention the name and address of one of the

applicants to whom correspondence may be addressed by the Registrar.

The application shall be sent to the Registrar by registered post or be delivered

in his office by hand.

3.

4.

294

CHAPTER II

REGISTRATION OF S0CIETIES

Application for Registration

(I)

(a)

(b)

(c)

(d)

(e)

(2)

(4)

(5)

Registration

(1) On receipt of an application under rule 3, the Registrar shall enter particulars of the.

application in the register of applications to be maintained in Form B, give

a serial number to the application and issue a receipt in acknowledgement thereof.

The Registrar may give, wherever necessary, opportunity to ,the promoters or modify

the proposed bye-laws before finally registering the society or rejecting the application

for registration of the society.

(2)

5

6.

(iv)

(v)

(vi)

(j)

, (k)

295

(3) On registering a society and its. bye-laws under sub-section (I) of section 8 the

Registrar shall within six months from. the date of: registration notify the. Registration

of a society in the official Gazette and grant to the society a certificate of registration signed by him and bearing the official ..seal and containing the, registration number of

the society and the date 'of it registration. . The, ,Registrar: shall also furnish the society with a certified copy of the bye-laws approved and registered by him.

Refusal to register

If the Registrar refuses to register a society, he shall communicate the on refusal

together with the reasons therefor, by registered post to the applicant referred to in sub-rule (4}-of rule 3.

Matters in respect of which Registrar may direct a society to make bye-laws or a society may

make bye laws.

(I) The Registrar may require a society to make bye-:laws in respect of all or any of the

following matters, namely

the name, address and branches of the society

area of operation of the society

objects of the society

the manner in which and the limit upto which funds of the society may be raised, the

maximum share capital which any one member may hold and the purpose to which

funds may be made applied

terms and qualifications for admission to membership including entrance fees, if any

privileges, rights, duties and liabilities of members including nominal members

consequences of default in payment of any sum due by a member to 'the society

conditions regarding sale or of produce of members, wherever applicable

in case of credit societies

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(i)

(ii)

(iii)

maximum loan admissible to a member

maximum rate of interest on loans to members

conditions on which loans may be granted to members and penalties .for misapplication

of loans so advanced

procedure for granting extension of time for repayment of loans and advances

consequences of default in payment of any sum due

circumstances under which a loan may be recalled

in case of non-credit societies, the mode of conducting business such as manufacture, purchase, sale, stock taking and other like matters

in case of a composite society, that is to say, a society haying both credit and: non-credit functions, matters referred to .in clauses (i) and (j)

296

(1)

(m)

(n)

(o)

mode of holding general body and committee meetings

Procedure for. expulsion of members

manner of making, altering and amending bye-laws

mode of appointment, either by election or otherwise, removal of members of

committee and other 'officers, their duties and powers

chairman's powers, duties and functions and his removal

method of recruitment, conditions of service and the authority competent to fix, revise

or regulate scales of pay and allowances of employees (including officers) and

servants of the society and procedure to ee followed in disposal of disciplinary cases

against them

mode of custody and investment of funds and mode of keeping accounts and records; .

disposal of net profits;

manner in which penalty should be levied on a member who is found to be guilty of

breach of the bye-laws;

appointment of ,a provisional committee, where necessary

mode of convening annual and special general meetings, issue of notices and the

business which may be transacted thereat

in the event of winding up of the Society the manner in which surplus assets, if

any, shall be utilized

conduct of elections to committee and other bodies of a society, number of members

to be elected by different constituencies and appointment of. Returning Officer

any other matter. incidental to the management of business of .a society.

..

(p)

(q)

(r)

(s)

(t)

(u)

(v)

(w)

(x)

(y)

(2)

(a)

(b)

A society may also make bye laws in respect of all or any of the following matters: .

the circumstances under which withdrawal a from membership may be permitted

procedure to be followed in cases of withdrawal, ineligibility and death of members

conditions under which transfer of share or interest of a member may be permitted (c)

(d) method of appropriating payments made by members from whom moneys are due

authorization of an officer ,or officers to sign documents and to institute and defend suits and other legal proceedings on behalf of the society;

constitution and maintenance of various funds required to be maintained under the provisions of the Act and these Rules;

constitution of representative body consisting of delegates of members of a society and mode of election of such delegates to exercise powers of the general body of members and to specify the powers which may be exercised by such smaller body. .

(e)

(f)

(g)

297.

7. First bye-Laws of a society

When a society has been registered, the bye-law of a society as approved and registered

by the Registrar shall be the bye-laws of a society.

8 ..Model bye-laws

The Registrar may prepare model bye-laws of each class or sub-class of societies which . may. be adopted by societies with or without charges. .

9 Classification of societies :

(a) .

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(b)

(c)

"" .

(d)

(e)

.(f)

(i) After Registration of a society the Registrar shall classify a society into one or

other of the following classes and sub-classes of societies according to the principal

object provided in its bye-laws;

Resource-society" means a society formed with the object of obtaining for

its members the credit, goods or services required by them such as .

Thrift, and Urban Credit Society.

Agricultural Credit Society.

Agricultural Non-Credit Society.

Multi Purpose society which includes amongst its primary object; the object 'of societies referred in (ii) and (iii) above.

Urban Thrift & Co-credit Cooperative Bank.

Co' operative Bank . .

Producers Society" means a society (such as, (i) Industrial Producers society, (ii) Weavers' Society (iii) Labour and Construction Society, (iv) Motor Transport Society,

(v) Industrial Service Society,) formed with the object of producing and disposing of goods as the collective property of its members and includes a. . society formed with

.the object of the. collective .disposal of the labour of the members of such society .

Consumers Society" means a society formed with: the object of. obtaining and

distributing good or of performing services for its members, as .well as to other

consumers within the area of operation specified in the bye-laws and of dividing

among its members .and customers in a proportion prescribed by the rules or by the

bye-laws .of such ,society, the. profits accruing from such ,supply and distribution

Processing Society" means a society the object of which is the processing of goods by mechanical or manual process. .

. Marketing. Society" means a society formed for. the ,purpose of marketing. agricultural

or other produce and includes. amongst' its objects. the supply of ' the requisites of such production

Joint Farming society' means. ,a society, in which. the object of increasing agricultural production, employment, income and better utilization of resources, land held by

members is pooled together and is jointly cultivated by the members on behalf of the 'society

"Collective Farming Society" means a society In which the object of increasing agricultural production and is acquired from outside in the name of the society and is collectively and jointly cultivated by the members., themselves on

behalf of the society

"Co-operative Union" means a society which has as its principal object the

undertaking of co-operative education, propaganda and training

Others.

Note If any society classified as above is a federal society it may be classified as

apex society.

If the Registrar alters the classification of a society from one class of society to

another, or from one sub-class thereof to another, he shall issue the society a copy

of his order provided that no such order shall be made without sufficient opportunity

being given to the society to express its views in the matter and the views so

expressed are taken into consideration by the Registrar'

(3) A society may, in its general body meeting resolve by a two thirds majority to convert

itself into a society of a class different from the one to which it belongs. Such resolution shall also

include amendments to the bye-laws proposed for adoption by the society on such conversion

and a copy of the resolution shall be sent to all members and creditors of a society.

(4) Any member or creditor may, within a period of one month from the date of receipt by him

of the resolution mentioned in sub-rule (3) intimate in writing his intention to withdraw his share or

interest in a society.

(5) After the expiry of two months from the date of dispatch of the resolution referred

in sub-rule (3 )to its members and creditors, the society shall convene a general meeting

by giving fifteen days notice for considering such resolution, if, at such meeting the- said

resolution is confirmed by two-thirds of the members present and voting, either with or without

changes, the Registrar, on receipt of a copy of such resolution duly certified, and after satisfying

himself that the claims of members who desire to withdraw their shares or interest under sub-rule

(4) have been met in full register the amendment to the byelaws and on such registration the

conversion shall be deemed to have taken effect.

10. Maintenance of Registers: .

( 1 ) The Registrar shall maintain a register of all societies registered or deemed to be

.registered under the Act .in Form C. .

(2) The Registrar shall assign for each class or sub-class of societies a code symbol for giving

registration number to societies and the societies shall be registered from the dates. .specified by.

him.

. 11 Registration File

(1) Every society shall keep at its registered office a registration file containing:

(a) Registered bye-laws of the society-

(b) An index of amendments of bye-laws.

(c) All registered amendments to the bye-laws duly entered. in the index along with

certificates of registration of amendments

Certificate of registration.

A copy of the Act.

A copy of the Rules.

(i)

298

(g)

(h)

(2)

(d) (e) (f)

299

(2 ) The above file for inspection for inspection at all .times . during working hours to

the Registrar or any other officer authorised by member of the society.

12, Amendment, of Bye Laws

(1) Subject to the provision. of this rule and section 11 (1)' of' the Act, the bye-laws of

a society amended by passing, a .resolution at.. the general meeting of the .society

held for. that purpose

'(2) 'The society shall give notice of not less than 14'days of the proposed 'amendments to

all the members for their consideration.

(3) An amendment shall be deemed to have been duly' passed if a 'resolution in that

behalf :is passed at a general meeting by not less than two-thirds of the members present.' and voting

(4) ,After the resolution is passed. a copy thereof shall within a period . of two months

from the date of ,the meeting at which the ,resolution was passed, be furnished to the Registrar

along with

(a)a copy of the relevant bye-Iaws in force with amendments .proposed to be made in

pursuance of the resolution together with reasons for such amendments

four copies of the text of the amendments, certified by .officers 'duly authorized

in this behalf by the committee of a society .

a copy 'of notice given to members of the society of the proposal to .amend the bye

laws and , . ' (d)such other information as may be required by the Registrar.

(5') On receipt of a copy of the resolution and other particulars referred to in sub-rule (.4) the

Registrar shall examine the amendments proposed by the society and if he is. satisfied that the

amendments are not contrary to the provisions of the Act and these Rules, he may register the

amendments and issue to the society a copy of the registered amendments together with a

certificate signed by him under sub-section (3) of section 11 where the Registrar is of the opinion

that the proposed amendment may be accepted subject to any modification he may indicate .to a

society such modification after explaining in writing the reasons therefor and require the general

body to pass a fresh resolution adopting the modified amendment.

(6)Where the Registrar refuses to register the proposed .amendments to the bye laws, he shall

issue an order stating the reasons for the refusal and such order shall be sent by registered post to the

society.

(7)An appeal against the registrar's order refusing to register any amendments to the bye-laws of a

society shall be made after a meeting of the general body or the society has reconsidered the matter and

has decided to prefer an appeal which' shall be. signed by an officer of a society authorized in this behalf

by the general meeting. A copy of the resolution of the general body shall be attached with the

memorandum of appeal.

13 Procedure for direction by Registrar for amendment of bye-laws:

(b)

(c)

, (I) Where it appears to the Registrar that an amendment of. the bye-laws of a society is

necessary, he .shall indicate the reasons therefor and issue a notice calling upon the committee of

.such society to convene a general meeting to. consider such amendment.

(2) The motion referred to in sub-rule (I) shall specify

, (3)

'14

(1)

(2)

(3)

15.

(I)

(2 )

300

the text of the existing byelaw and the amendment proposed to it, or the text of the existing bye-law which is proposed to be deleted and, .

the period within which such amendment should be sent to the Registrar

for registration after getting it passed by the ,general meeting.

Where a society files an objection to the proposed amendment, such an ,objection shall be duly ,considered by the registrar and if the committee desired to be heard, it shall be given an opportunity of being heard. The Registrar .may, after considering ,the representation of the society, register the amendment with or without any modification as he shall deem fit.

Change in name of Society:

. (a)

(b)

(4)

The name of a society may be changed under Section 14- so however that it does not refer to any caste or religious denomination and is not, inconsistent with. ,the objects' of

a society,

Every change in the name of a society shall be made by an amendment of its' bye-laws

and shall be notified in the Official Gazette.

After the change in the name is approved, by the Registrar, the society shall send to

the Registrar original certificate of registration for amendment. ,The Registrar

shall return the .certificate to the society after duly amending the same.. The Registrar shall enter the new name in the register of societies maintained by

him.

Change of Liability

(3)

, , , , An amendment to the bye-laws of a society to change the form and extent of its.

liability shall be made by passing a resolution in that behalf at a general meeting. of the

society. Thirty days notice in writing of such meeting shall be' given to. all its members

together with copies of the resolution proposed to be moved at the meeting: After the

resolution is duly passed, a copy thereof shall be sent to the. Registrar within thirty

days' of its passing.

The notice to be given by a society under sub-section (3) of Section I5 shall be sent

by ,post under certificate of posting to the address of each of its members and

creditors as recorded in the books of the society. A copy of such notice shall be exhi-

bited on the notice ,board of the society and a copy shall also be sent to the registrar

for exhibition on the notice board in his office, and thereupon, the notice subsection

(3) of Section I5 shall be deemed to have been duly given to all its members and

creditors, not withstanding that any of them has not received the notice for any reason

whatsoever.

For the purpose of determining the claims of a 'member, under clause (b) of sub-

section (4) of Section 15 the value of the shares of a member in the society shall be

ascertained ,as follows:

(a)In the case of a society with unlimited liability, the value of the share shall be the

actual amount received by a society in- respect of such share.

301

In the case of a society, with limited liability, the value of the share shall be the

amount arrived at, by a valuation based on the financial position of the

. society as shown in the last audited balance sheet, provided that it shall not

exceed the actual amount received by a society in respect. of such share.

(4) Any member or "creditor desiring to exercise his option under sub-section (2)

of section 15 shall inform a Society accordingly in writing .and when he does not propose to

withdraw his entire shares, deposits or loans, the member or creditor 'shall clearly indicate in

writing the extent of his withdrawal. A society shall examine and draw up a scheme for orderly pay

ment of all claims in an equitable manner including shares. The scheme may also provide for

settlement of claims by mutual agreement. 'Where the Registrar does not approve the scheme, on

the ground of impracticability or undesirability, the resolution passed by a society under sub rule

(1) shall be ineffective and the form and extent of liability of a societies be changed in

accordance with resolution passed .aforesaid.

(5) After the Registrar approves the scheme, a society 'shall make payments to members and

creditors as provided in clause (b) of sub-section (4) of section I5 make a . report to that effect to

the registrar and furnish the Registrar with a proposal to amend the bye-laws of a society duly

passed in that-behalf, On receipt of the proposal, the Registrar shall register amendment in

accordance with the provisions of section 15.

(b)

16. Amalgamation, transfer of assets and liabilities or division of societies

(I) Every society desiring to effect amalgamation, transfer of assets and liabilities or division shall make an application to the Registrar in that behalf giving full details about such

amalgamation, transfer or division as the case may be.

(2) On receipt of such application the Registrar may, after examining the details furnished in

the application and other particulars which h may can upon the society to furnish, give his

approval to the proposal ,if he is satisfied that the proposal is in the interest of the society.

(3) After the receipt of Registrar's approval under sub-rule (2) the society shall convene a

special general meeting by giving 11 days notice to all its members and pass a resolution for such amalgamation, transfer of assets and liabilities or division, as the case may be. by two-thirds

majority and the resolution so passed shall contain all the details' as provided in sub-section (3) of section 16. .

(4.) The society shall on complying with .all the requirement of sub-sections (4-), (5) and, (6) of section 16 of the Act, submit a report to the Registrar of such compliance and request him to

give effect to its 'decision for amalgamation, transfer or division, as the case may be, by registering the resulting new society, if any, and canceling the registration of the societies which

have been amalgamated or whose whole of the assets and liabilities have been transferred. .

(5) On receipt of the report from the society under sub-rule (4.) the Registrar shall

after satisfying himself that the society has complied with all the requirements of section 16, register the amalgamated or divided society/societies and cancel the registration of the societies

which have been amalgamated or divided or whose whole of the assets and liabilities have been transferred.

302 .

17. Direction :by Registrar for amalgamation and organisation of societies: " ""." '

,( 1)Before issuing any 'order under sub section (1) ,of section' 17 providing for amalgamation

or reorganization of any society the Registrar shall prepare a draft scheme ,in respect of such amalgamation or reorganization, stating in particular the manner in' which the new

committee or committees of the society or societies resulting from such amalgamation or reorganization, shall be constituted and the. bye-laws, which such society or societies shall follow. The Registrar shall simultaneously send a, copy of such order and, notice, by registered post to' 'such society or societies.

Every society 'receiving a' copy of an order -and notice shall, exhibit it on' 'its. notice board calling for objections or suggestions, if any, to the-scheme from the members, depositors, employees, creditors or other reasons concerned within I5 days 'from. the date- the notice ,is

put on the notice board.

The society or societies concerned shall submit to the Registrar such objections, or suggestions

together with its own suggestions or 'objections: if any, within a within a period of two months from

the date of which a copy of the draft aforesaid 'was received by it (2) 'The Registrar shall also expeditiously send a copy of such order 'to the financing bank of which such society or societies may be member or members

(3) The ,Registrar. shall consider, all such suggestions, and objections and then make the modification in the draft order as it may seem to be desirable in the light of those suggestions and objections; and, then issue a final order .under, sub-section (-1). of section 17.

"

"

303

CHAPTER: III

MEMBERS OF SOCIETIES AND THEIR RIGHTS AND LIABILITIES

18.

Conditions' to be complied with for admission for membership etc.

No person shall be admitted as a member of a society unless .

(i) he has applied in writing in the form, if any, prescribed, by a society or in the form, if any, specified . by the Registrar' for membership

(ii) . in the case of societies other than primary agriculture credit societies, application. by approved ,by the committee of a societies and in the case of nominal member by an officer of the society authorised in that behalf by the committee (iii) he hits fulfilled all other conditions laid down in the Act and these Rules and the bye laws of the. society

(iv) in the case of a firm, company or body corporate a, society registered ‘under the societies Regulation Act, 1860 the application for, membership. is accompanied by a resolution authorizing it to. apply for such 'membership.

19. Disqualification for membership: . .

(1)'If any question: as. to whether a member has incurred any of the disqualifications referred to in sub-section (I) of section 21 arises, it shall be referred to the Registrar and the

decision thereon shall be final and binding on all concerned. . .

(2) A member who ceases to be a member of a society under sub-section (2) of section 2 I shall not be entitled to exercise rights of membership or incur liability as member with effect from the date mentioned in the said, sub-section.,. but shall be entitled to the payments within six months from the date mentioned in the said sub-section by the paid-up value of the shares' registered in his name and deposits, if any, made by him with the society.

20 Withdrawal of membership

(I) Subject to the provisions of the ,Act, these Rules and bye-laws of a society, a

member may withdraw from a society after giving three 'months notice to the society of his intention to. resign from the society.

(2) No resignation of a member shall be accepted by a society unless the 'members has

paid in full his dues, if any to the society and has also cleared his liability to the ,society, if any, as surely to any other member or otherwise.

. (3) Any. member, whose resignation has been accepted. by a society or any heir .or legal representative of a deceased member, may demand refund of share capital held by such member or deceased member and the society shall, subject to the provisions of the bye-laws of-the society, refund the amount within six months .from the .date of acceptance by the society. of. the resignation or the date of demand made by the heir or legal representative of a, deceased member, as the case may be.

3O4

. (4). In .all such cases where share capital is to be refunded, valuation of shares to be refunded shall be made in accordance with the provisions contained in rule 22. . .

21. Valuation of shares: (I) Where. a member of a society resigns or ceases to be a member thereof, the. sum

representing the value of his share or interest in a society to be paid to him or his nominee, heir of legal representative, or a person claiming on his behalf, shall be ascertained in the following manner

namely:

(i)In the case of a society with unlimited liability shall be the actual amount

received by a society in respect of such share or interest

(ii)In the case of a society with limited liability, it shall be the amount arrived at by a valuation based on the financial position of the society as shown in the last audited

balance sheet: .

. Provided that the amount so ascertained shall not exceed the actual amount received by a society in respect of such share or interest.

(2) Where a person is allotted a share by a society, the payment required to be made therefor shall not exceed the face value of a share notwithstanding anything contained in the byelaws of a society.

(3) When a share is transferred by a member to another person duly-admitted as a member of a society, the transferee shall not be required. to pay anything in excess of the value of the share determined in accordance with the provision in sub-rule (I).

23. Procedure for transfer of shares:

No transfer of shares in a society shall be effective unless,

(a) it is made in accordance with the provisions of the bye-laws;

(b) a clear fifteen days notice in writing is. given to the society indicating therein the

name of the proposed transferee, his consent, his application for membership, where

necessary, and the value proposed to be paid by the transferee

(c)all liabilities of the transfer or due to the society are discharged; and

(d) the transfer is registered in the books of the society.

(2) Any charge in favour of a. society on the shares so transferred will continue unless

discharged otherwise.

(I)

24. Nomination of persons:

(1) For the purpose of transfer of his share .or interest under sub-section (I) of section 28 a

member of a society may, by a document signed by him nominate a person or persons to whom in

the event of his death his share or interest in the society shall be transferred. Such document shall

be deposited with the society during the member's life time.

(2) The. nomination made under sub-rule (1) may he revoked or varied by the member

305

(3) A nomination made by a member shall not be valid and shall not in the event of the ,death

of the member, have effect unless -:

(a) it is made in writing: and is signed by the member in the presence of two.

witnesses attesting the same' and (b) it is recorded in the book, of the society kept for the purpose.

(4-) Where a member of a society has not made any nomination, the society shall, on the

member's death, by a notice exhibited at the office of the society, invite claims or objections for the proposed transfer of the share or interest within the time specified in the notice.

(5) After 'taking 'into consideration the claim or objections received in - reply to the notice or otherwise and after making such inquiries as the committee considers proper in ' the

circumstances prevailing the committee shall decide as to the person who in its opinion is the heir or the legal representative of a deceased member and proceed to take action' under section 28.

25. Registration of nominations:

The name and address of every person nominated for the purposes of sub-section (I) of section 28 and any revocation or variation of such nomination shall be entered in the register of members prescribed under rule 38. .

26. Supply of copies of documents by societies and fees there for:

A member of a society requiring a copy of any of the following documents namely, the bye-

laws, last audited annual balance sheet, profit and loss account, a list of members of the committee of the society, register of members, minutes of general meetings or committee.

meetings and the portions of the books and records in which his transactions with the society have been recorded, may apply to the society for the same. Every such application shall be

accompanied by a deposit of such amount as may be decided by the committee, towards the cost of preparing the copies. On receipt of the deposit the society shall issue a receipt for the copies

duly certified in the manner prescribed in rule 40.

27. Expulsion of members:

Any member who has been persistently defaulting in payment of his dues or has been failing to comply with the provision or the bye-laws in any manner or who in the opinion of the

committee, has brought disrepute to the society or has done other acts detrimental to the interest or proper working of a society may, by a resolution passed by a majority of not less than three-

fourths of the members entitled to vote who are present at the general meeting held for the purpose, be expelled from the society.

28. Procedure for expulsion of members:

(I) Where any member of a society proposes to bring a resolution for expulsion of any other member, he shall give a written notice thereof, to the chairman of a society. On receipt of such

notice or when the committee itself decides to bring in such resolution, the

29.

Any other order against which an appeal is provided

Order under section 70

306

consideration of such resolution shall be included in the agenda for the next general meeting and

a notice thereof shall be given to the member against whom such resolution is proposed to be

brought, calling upon .him to present at the general meeting to be held, on a date to

be specified in the notice (which shall not be less than one month from the date of such notice) and

to show cause against expulsion to the general body members. After 'hearing the member, if

present, or after taking into consideration any written representation which he might have been

sent, the general body of members shall proceed to consider the resolution

(2) When a resolution is passed in accordance with sub-rule(I), it shall be sent to the Registrar

for his consideration and approval The Registrar may after making such inquiries as he may deem fit, give his approval and communicate the same to the society and the member concerned. The

resolution of the society shall become effective from the date of such approval.

, Inspection of the documents in the office of the Registrar and the scale of fees for supply of copies of Documents:

A member of a society or any member of the public may inspect the following documents in

the office of the Registrar free of charge and may obtain certified copies thereof on payment of the

following fees :

(iii)

(iv)

(vi)

(vii)

(viii)

(ix)

Paisa.

(i) Application for registration of a society 20 each

(ii) Certificate of registration 20 each

Bye-laws of societies 20 per 200 word part thereof.

Amendment of bye-laws .of a society 20 ---do-

20 -do-

20 --do--

20 -do--

20 --do-

(v) Order of cancellation of the registration of a society

Audit memorandum of a society

Annual balance sheet

Order referring a dispute for decision

Order of super session of a committee or removal of any

member thereof 20 -do-

20 -do-

20 ,do-

(x)

(xi )

307

CHAPTER IV

MANAGEMENT OF SOCIETIES

30 Prohibition against being interested in contracts etc.

.No officer' of 'society shall have any interest. directly or indirectly otherwise than as

such. officer

'(a) in any contract made with, or by a society,

(b) in any property sold or purchased by a society; or '

(c) in any other transaction of a society except as loan taken from a society. or the

provision of residential accommodation by a society to any paid employee of a society.

(2) No Officer of a society shall purchase.. directly or indirectly. any property of a member

.of the society sold for the recovery of his dues to the society. '

31. Manner of election of Committees :

Notwithstanding anything contained in these Rules or 'bye-laws and without prejudice .the

generality of the powers of the Government under sub-section (I) of section 34, election of members of the committees of different types of societies shall be conducted in. the manner as

may be 'specified by the Registrar by a general or special order.

32. First General Meeting

(I) Within three months from the date of registration of a society. the chief promoter thereof shall convene under intimation to the Registrar, the first general meeting of all persons who had joined in the application for registration, of that society. Where the chief promoter fails to convene a meeting as aforesaid, it shall be convened by any person authorised in that behalf by, the Registrar.' The Registrar or any other person duly authorised by him in this behalf may attend such meeting.

(2) At the first general meeting the following business shall be transacted (a) Election of a president of the meeting;

(b)Admission of new members (c) Receiving a statement of accounts and reporting all transactions entered.

by the promoter up to 14 days before the meeting; - , Constitution of a provisional committee until regular elections are held under the

bye-laws. The provisional committee shall have the same powers and functions as the committee elected in accordance with the bye laws

Fixing the limit-up to which funds, may be borrowed Any other matter which has been specifically mentioned in the bye-laws.

(d)

(e)

:(f)

34-General Meetings :

( I)The secretary or in his absence any other person authorized in this behalf by the

byelaw by giving not less .than 14 days notice in writing,. shall convene the General Meeting

of the .member of the society' every- year in accordance with the. bye-law and the Genera Meeting shall transact such business in such manner as may. be-laid down in the bye laws

308

34. Constitution of' the representative general body:

(I) A society with limited liability including the. State cooperative Bank may, if its area of

operation extends to the whole of the State of Sikkim provide in its bye.-laws for the constitution. of

a representative general body:

(2)'Where a society so provides in its .bye- Iaws to' constitute a representative general

body, it shall, with the permission of the Registrar, divide its members into. different groups on a territorial or other basis.

(3), The bye-laws of such society may specify the number or proportion of the members 'of the representative general body their election and their voting rights. The members

of the representative general body, shall represent each. group .referred to above and. shall be. elected..

by all the members of the society; by only that particular group of members of the society to which such representatives belong.

. (4.) The members who are elected to represent each such group shall be called 'delegates. A . delegate shall hold office and attend general meetings of the representative general body till fresh delegates are elected in their places: .

(a) (b)

Provided that a delegate shall continue for a term of not more than 3 years after which fresh delegates will be elected.

(5)Each delegate shall have one vote.

(6) A member shall cease to be a delegate if he

(a) ceases to be a member of the society

(b) resigns his office as delegate.

(7) A 'casual vacancy in the office of the delegate in any area or group shall be 'fined by

election by members 'in the area or group concerned and the new delegate so elected continue in

office for the remaining period of the representative general body

Provided that failure to fill any casual vacancy .shall not' invalidate the proceedings in the

general meeting.

(8.) Notwithstanding anything contained in this rule (a) the, State CO-operative Bank

shall hold its general meetings of, delegates of sections. or categories, as the case

may be., instead of summoning of all members in person, on the following basis, viz :

(a) .4 nominees of the Government

(b) 1 delegate representating each society

(c) I delegate of bank defined in the Act

(d) for any other members 1 delegate for every 25' members (fractions being

neglected)

(9) A federal society may summon on its general meetings by: convoking ,representative

as per its bye-laws as approved by the, Registrar: .

Provided that in respect of any federal society the delegates of individual members on the

committee or Board of Directors as the case may be shall not at any time exceed one fourth of the

number of representatives of societies fractions to be neglected admitted to membership on the

30th June of the preceeding year , whichever is less

309

35 Closing of accounts:

Every Society shall maintain accounts and books for the purpose. of recording business transacted by it and close them' every year on the 30th June by the, 15th July. Each closing entry in the cash book in each ledger account shall be signed by the president/chairman, the secretary and the treasurer or any other approved member of a 'society authorised by its managing committee. The closing balances which are thus authenticated shall be carried forward' to the following year commencing on the 1st July. .

36. Annual statements of accounts:

(I) Within four-five days of the close of every co-operative year or within such extended period as may be allowed, by the Registrar, in the ,.case of any society or class of societies, the

committee of every society shall prepare annual statement of account showing :

(i)

(ii) (iii)

receipts and payments during the previous co-operative year in Form D . the profit and loss account for the year, in Form E, and

the Balance sheet as at the close of the year in Form F:

Provided that it shall be open to the Registrar to permit a society or class of societies to adopt such other form as he may deem fit.

(2) Copies of the balance sheet and profit and loss account to be presented at the annual general meeting and a copy of the report of the committee shall be- circulated amongst the members of the general body and also fixed on the .notice board of a society at least fourteen days before the date of the annual general meeting and shall be submitted to the Registrar within 15 days 'of their adoption by the general body.

37. Super session of the committee:

(I) Before making any order for super session of the committee of society under sub-section

:(1) of Section 39, the Registrar shall consult the federal society or the State Co-operative Bank to. which the society is affiliated and give an opportunity to the committee concerned to show

cause within fifteen days from the date of issue of notice, why such an order shall not be made.

(2) Immediately after the new committee is elected or an administrator or administrators

appointed, the committee in' whose place such appointment is made and officers of the society shall hand over the new committee or the administrator or administrators, as the case may be,

the charge of property, documents and accounts of a society.

38. Accounts and. other books to be maintained by societies :

Every society shall, maintain the following accounts' and books

(i) A register of members in Form G.

(ii) Register of share.

(iii) A register of bonds,. where necessary.

310

(iv) Minute book recording proceedings of general meetings.

(v) Minute book recording proceedings of committee ,meetings.

(vi) Cashbook.

(vii) General ledger and personal ledgers.

(viii) Stock register, where .necessary.

(ix) Property register where necessary.

(x)Register of audit. objections and their rectifications.

(xi) Liability register, where necessary.

(xii,) Such other accounts and books as may be necessary and as from time to time

be specified by the Registrar. '

39

Power of Registrar to direct accounts and books to .be written up :

. The Registrar. may, by order in writing, direct any society to get any or all of the . accounts and books required to be maintained by it under rule 38 written. up to such

. date in such form and within such time as he may direct. In case the society fails to do so, the Registrar may depute an 'officer, sub-ordinate to him to write up the accounts and books. In

such case it shall be competent; for the Registrar to determine, with reference to the time involved in the work and the emoluments of the officer deputed to do so, the 'charges which

the society shall pay to the Government and direct its recovery from the society.

Certifying copies of entries in. books : 40

For the purpose specified in sub-section (I.) of section 51 and rule' 26 copies of any document or entry in a books of a society shall be certified-

(i) by the president or secretary or any other officer authorised by the committee in this behalf ;

(ii) , where an order has been passed under section 39, dissolving a. committee

and appointing an administrator, 'by the administrator;

where an order. has been passed under sub-section (I) of section 76 appointing a liquidator of a society, by the liquidator.

41 . Preservation and destruction of books and records, etc The books and records of a society shall be preserved as per Schedule I. records destroyed from time to time shall be prepared and kept by the secretary.

(iii)

A. list. of

42. Qualifications of paid staff

(I) In the following kinds of societies, appointment of paid staff shall be subject: to such directions as the... Registrar may from time to time issue in. regard to their technical educational qualifications, in regard to their minimum number and their pay and allowances security deposit. namely

(i) State Co-operative bank.

J

.

"

311 :

(ii)

(iii)

(iii)

.

(iv)

Credit resource societies

Consumer societies

Agricultural society

. Producers' societies

(2) No society of the class referred to in sub-rule (I) shall appoint any person as. its paid officer or servant in any category of service unless he possesses the

qualifications prescribed by the Registrar from time to time. No society shall retain in its service; any paid officer or servant if he does not acquire the qualifications within such time as the Registrar may direct. The Registrar may, for special reasons to be recorded in writing, relax in respect of any paid officer or servant the provisions of this rule in regard to qualifications, etc. .

. (3) Except with the previous approval of. the' Registrar no relative of any member of the committee .or the secretary/treasurer of a. .society or a member of the committee of financing

bank to which a society is indebted shall be appointed as its paid .staff:

. Provided that nothing contained in this sub-rule shall apply to the paid staff of any society who are appointed prior to the coming into force of these Rules.

CHAPTER V

RIGHTS AND PRIVILEGES OF SOCIETIES 43.

Form of Declaration to be. made by Members Borrowing Loans:

(I) A declaration required to be made under sub-section (I)'of section 43, shall be in

Form H.

. (2) A register of such declarations shall' be kept by the society in Form I.

. (3) A charge on any immovable property created by a member in favour of a society for amounts borrowed or to be borrowed by him, from time to time shall subject to .the provisions of sub-section (2) of section 43 continue in force till all the sums secured by such declaration are fully repaid to the society.

. (4) If a member commits default in repayment of the principal or payment of interest and other charges to a society, which payment and repayment are secured by a charge under section 43, the society may, for the purpose of recovering the said sums .

(a) dispose off in the manner prescribed, either in whole or in part, the property

charged and recover the sums due to. it; or (b) take .possession of such property in the manner prescribed and let out the same

. to such person or persons in such rental as the society . may .deem fit or. use the property itself for its, business purpose on .rental basis and appropriate the rents towards the repayment of the principal and payment of interest and other

charges' due to itself .

312

Provided that where the society lets out the property or otherwise uses the property Itself, the

member to. whom the said property belongs or any person claiming through him .shall not be entitled to recovery possession of ,the property until all sums due to the society are fully adjusted

from the rents of the said property or otherwise. Upon such adjustment the lease granted by the society in respect of the said property shall be deemed to have been .determined and the,

Lessee shall, notwithstanding anything contained in the lease deed, hand over vacant possession. of the property to the member or any person claiming through him on a written requisition from the

society in that behalf.

Restrictions on Borrowing by Society with Limited Liability: 44

No society shall receive deposits or borrow with or without security by way of loans or advance

or overdrafts from members or non-members in excess of the maximum amount ,fixed in its bye-

laws subject to the approval the Registrar:

Provided always that the Registrar may at any time reduce such maximum so fixed and. such

conditions as he may deem fit, subject to which the society may receive deposits or borrow money.

45 Issue of Bonds:

(I) Any society, which is authorised under its bye-laws to raise funds by the issue of bonds

may, with the prior approval of the Registrar, frame regulations governing the issue and

management of such bonds.

(2) The total amount of bonds issued at any time together with the other liabilities incurred by

the society, shall not exceed the maximum amount which the society can borrow under the

provisions of Rule 44

46'. Bonds Redemption Fund:

Every society which raises resources by issue of bonds shall constitute and maintain a .Bonds

Redemption Fund in such manner as may be specified by the Registrar from time to time.

47. Maintenance or Liquid Resources and Distribution of Assets:

Every society which obtains any portion of its working capital by deposits, shall:

(i) maintain such liquid resources in such forms as may be specified from time to time

by the Registrar, and

(ii) utilize only such portion of its working capital in lending business and distribute its assets in

accordance with such standards as may be specified from time to time by the Registrar. .

48 Restrictions on Loans to be granted by societies:

(i) No society .make a loan to :

(a) any person. who is not a member;

(b) any member. on the security of its own share'

(0) any member on the surety ship of a non member .

313

Provided that the Registrar may for special reasons permit a society to make loans to a

..member on the surety ship of non-members.

(2) Every society shall while granting loans against security or movable or immovable

property, maintain such margins as the Registrar, by general or special order, direct from time to

time with reference to different commodities, securities or classes of societies.

(3) It shall be lawful for a society to grant loans without taking security of movable or .

immovable property if the purposes for which the loans given is considered production worthy or

credit-worthy and reasonably expected that the loans will be repaid by the loanees. The Registrar

may issue direction to the societies to ensure that credit-worthy purposes indicated

above ' receive finance from the societies without, any difficulties on the one hand, and without

being detrimental to the financial interests of the societies on the other.

(4) Except with the general or special permission of the Registrar , the loan advanced to a

member by a society, or to a society by the financing bank shall be subject to such conditions as

may be Iaid down by the 'Registrar, with the approval of the financing bank, including the

maximum amount to. be advanced and period of repayment , both in regard to total advances to

members and societies as also against different types of securities

(5) No society shall carry on transactions on credit or sanction trade credit to its members or

to non-members except in accordance' with the general directions that may be issued by the Registrar in that behalf.

(6) In the matter of grant of loans to societies by the State Co-operative Bank or to

members by primary co-operative societies, the Registrar may lay down, in consultation with the

financing bank, the procedure regarding receiving applications, assessing credit needs, making

inquiries in respect of the production programme for which such loan is required and the procedure

for finally sanctioning the loan as also the rates of finance to be followed from year to year and the

nature of inquiries to be made for the purpose of financing of different crops and imposition of certain

conditions regarding proper utilization of loan and sale of agricultural produce specified by co-

operative organisation, ,before such finance is granted.

(7) The Registrar may by general or special order prohibit or regulate grant of loans by the

financing bank or a society where such grant is considered neither in the interest of the society nor

in the interest of the development of co-operative movement on sound lines.

49. Conditions to be complied with by members applying for Loans:

(I)Every member of a society. applying for a loan from the society shall be required to

hold shares in such manner and in such proportion to the amount of loan applied for by him as

may be specified in the bye-laws 'of the society.

(2) Subject to such maximum limit as may be specified in the bye-laws, the loan to a member

by a resource society, and the period of its repayment shall be ,in accordance with the instructions

as may, from time to time be issued by the Registrar: Provided that a loan in excess of the maximum

prescribed in the bye-laws may be granted to a member with the previous sanction of the Registrar.

50 Credit Limits 'by non-credit societies:

(I) . No society whose objects do not include grant of loan or .financial accommodation to its

member shall grant loans or sanction credit to any member without sanction of the Registrar:

314

Provided that if any of the objects of a society relate to supply of goods or services required

by its members for manufacture or trade or production purpose, its bye-laws may provide for

supply of goods or provision of services on credit against sufficient security and on condition that

the cost of the goods supplied or services provided shall be recoverable from the amount of the

sale proceeds of the agricultural produce or other goods produced or. manufactured by the

members.

(2) A consumer society may, notwithstanding what is contained in sub-rule (I), sell goods on

credit to its members and other customers upto the extent of deposits received from them.

51. Manner of recalling of Loans:

(I) Notwithstanding anything contained in an agreement or document with its members

the committee of a society shall be entitled, after giving a week's notice to such member, to recall

the entire loan amount immediately, when it is satisfied that the loan given has not been applied

for the purpose for which it was given or there has been breach of any of the conditions for grant

of such loan.

(2) Notwithstanding anything contained in any agreement or document, the Registrar may,

after making such inquiries as he may deem necessary and after satisfying himself that a loan granted by a society has not been utilized for the purpose for which it has been granted, and in

consultation with the financing bank, direct a society to recover the loan. The directions issued by the Registrar in this respect shall be complied with by the society.

52. Directives by Registrar for the successful conduct of business:

The Registrar may, from time to time, issue such directives as he considers necessary for the

successful conduct of the business of a society or class of societies.

53. Loans and subsidies by Government:

(1) Loans and subsidies to a society or class of societies may be granted by Government

subject to such terms and conditions as may be stipulated by it.

(2) An application by a society for a loan or subsidy or both from a Government Department

or a Government sponsored agency shall be made through the Registrar. While forwarding the applications, the Registrar shall record his opinion regarding the eligibility of the society for the said

loan or subsidy or both, its financial position and the desirability or sanctioning to the society the said loan or subsidy or both.

(3) A society receiving Government loan or subsidy or a society in which a share

or shares have been subscribed or liability by way of guarantee has been undertaken by the

Government, shall furnish such information and submit such returns as the sanctioning authority

or the Registrar may from time to time require.

"

315 CHAPTER VI

PROPERTIES. AND FUNDS OF SOCIETIES.

54 Distribution of profits

(1) No, society shall ,declare any dividend ,or bonus to its members

(b)

(c)

unless the audit of its accounts is completed and an audit certificate is issued

specifying the net profits available for 'distribution. among the members;

Without the prior approval of the general body and

in excess of nine per cent per annum of the paid up share capital.

(a)

(2)The dividend or bonus shall be paid to the members within three months from

the date of declaration by the general body: Provided that no dividend as declared by the general body shall be paid to a member who is

in default in payment of any sums due to the society and the society shall be entitled to appropriate the dividend of such member. towards such sums in default.

(3) . Notwithstanding anything contained in these Rules and the byelaws, the Registrar

may by a general 'or special order direct that any society or class of societies any dividend or

shall pay dividend at a reduced rate. for such period. or periods as he may specify in the order. .

(4-)In the case of the State Co-operative Bank ,not less than 10 percent of the net profit

after contribution to the reserve fund under the provision to section 57 shall be credited to the Agricultural Stabilization Fund to be utilized for enabling the borrowers to make postponement

of' repayment of loans on account of famine, drought or such other' unforeseen causes. Any subsidy for the purpose given by the Government shall also be credited to this Stabilization Fund.

(5)Any distribution of the remaining -balance of profits under section 57 ,and after the

distribution of dividend under sub-rule (I) shall be in accordance with the bye-laws of the society regarding such distribution. It shall be in proportion to the wages earned by each member in. the

case of a producer's society and to the amount of goods purchased by each member or where it is so provided m the byelaws by each member or ,consumer in case of consumers' society. It shall

also be in proportion to the amount of rent paid by each member in the case of a Housing Society, may be in proportion to the goods obtained or sold through the society by each member or to the

loans borrowed from and the deposits made with the society by each member.

55 Cooperative Education Fund

(1)The Registrar shall constitute and maintain with the State Co-operative Bank a Fund to be

known as "Co-operative Education Fund" and administer it subject to such regulations as he may

frame with the prior approval of the State Government.

(2)Every society shall make an annual contribution to the Co-operative -Education

Fund a sum calculated at two per cent of its net profits during the year subject to a maximum of

RS.25O0. Such contribution shall be made within 3 months from the date on which the accounts

are duly audited and certified in accordance 'with the provisions of the Act and' these Rules.

316

56. Objects and Investment of Reserve Fund:

(I) A reserve fund maintained by a society belong to the society and shall be utilized

to meet unforeseen losses. No member shall have any claim to a share in it:;

(2)A society shall invest or deposit its reserve fund in one or more of the modes mentioned in

Section 60.

(3) A society may subject to the approval of the Registrar and subject to such conditions

as he may impose, use in its business;

(i) upto one .fourth of its reserve fund, if the owned capital is less than the borrowed

capital

upto one-half of its reserve fund, if the owned capital exceeds the borrowed

capital

(iii). the entire reserve fund, if there is' no, borrowed capital

(ii)

(4) No society shall draw upon, pledge or otherwise employ, the reserve fund; except , with the

previous sanction in writing' of the Registrar.

57 Writing off ,of Debts and other sums due.

,No society shall write off in whole or in part any debt or other sums due to it without the

previous sanction of the Registrar. ""

58 Restrictions an transactions with non-members

On the application of a society, or a member 'of any society or of his own motion when. it

appears to the, Registrar that it is necessary in the interest of the working of any particular society,

to regulate or restrict transactions of such society with any non-member the Registrar may, after

giving an opportunity to the society of being heard, issue such directions as he may consider

necessary, regulating or restricting such transactions.

CHAPTER VII

,AUDIT INQUIRY INSPECTION AND SURCHARGE

59.

Procedure, for appointment of Auditors and for conducting Audit

(I) The audit of a society shall be conducted by any of the Departmental Auditors

appointed by the Registrar or by a certified auditor approved by the Registrar from time

to time on such terms and conditions as he deems fit.

Explanation

(i) For 'purpose of this Chapter; audit shall include annual or periodical audit

continuous or concurrent. audit and test or super audit and re audit.

. (ii) For' purpose of this rule a certified auditor includes

(a)a. Charted .Accountant within the' meaning of the Chartered Accountants

Act, 1949

317

(b) a person who holds a Government diploma in co-operative accounts or a Government

diploma in co-operation and accountancy, or

(c) a person who has served as an auditor in the Co-operation Department of any

State Government or under the Registrar and whose name has been included by the Registrar in

the panel of certified auditors maintained and published by him in the Official Gazette at least once in every year. .

(2) The audit under sub-section (I) of section 64- shall in all cases extend back to the last

date of the previous audit and shall be carried out upto the last date of the co -operative year immediately preceding the audit or where the Registrar so directs in the case of any particular

society or class of societies such other date as may be specified by the Registrar

(3)Unless the Registrar directs otherwise the audit of a society shall be conducted

in the registered office of the society. .. (4) Previous intimation shall be given to the society before the audit is commenced.

(5) The officers and employees of the society shall give the audit officers all assistance necessary for the completion of the audit and for this purpose, prepare such statements and take such action with regard to the verification or examination of its accounts as he may require.

(6) The audit report shall state :

(a) whether or not the audit officer has obtained all the information and explanations

which he requires

(b) whether or not in his opinion the balance sheet and the profit and loss accounts

referred to in the report are drawn up in conformity with the Iaw

(c) whether or not such balance sheet exhibits a true and .correct account of

the state of affairs of the society according to the best of his information

and the explanations given to him and as shown by the books of the society :

(d) whether, in his opinion, books and accounts have been kept by the society

as required under the Act, the Rules and the bye-Iaw

(e) whether there has been an material impropriety or irregularity in the

expenditure or in the realization of money due to the society and

(f) whether any net profits are available for distribution amongst the members

(ii) Where any of the matters referred to in sub clauses (a), (b), (c) or (d) of sub clause (i) of

clause (6) is answered in the negative or in the affirmative with ,any remarks, the report shall

state the reason for such answer with fact and figures, in support of such reasons.

(7) The audit report shall also contain schedules with full particulars of :

(i) all transactions which appear to be contrary to the provisions of the Act,

the Rules or the bye-laws of the society

(ii) all sums which brought to have been but been not been brought into

account by the society

(iii) any material impropriety or irregularity in the expenditure or in the

realization of money due to the society.

318

. (iv) an estimate of the over dues of the society and its proportion to demand; (v) any money or property belonging to the society which appears to the auditor to be bad or .doubtful debt; and

. (vi) any other matters specified by the Registrar in this behalf. (8) The. summary of audit report as prepared by the auditor shall be read out in the

annual general meeting next following audit The audit report together with its accompaniments shall be open to inspection by any member of the society. The Register may, however, direct that any portion of the audit report which appears to him to be of objectionable nature or not justified by facts shall be expunged and the portion so expunged shall not form part of the audit report.

(9) If the result of the audit held under the last proceeding rules discloses any defects in the working of a society, the society shall, within three months from the date of audit report, explain to the Registrar the defects .or the irregularities pointed out by the auditor, and make steps to rectify the defects and remedy irregularities, and report to the Registrar in Form J the action taken by it thereon. This compliance report shall continue to be submitted at such intervals as. the Registrar mar direct, till all the defects are rectified or irregularities remedied to the satisfaction of the Registrar. The Registrar may also make an order directing the society or the officers of the society to take such action as may be specified in the order to remedy the defects,

within the time specified therein. .

60. Audit Fee:

(I) A society shall pay on or before the 31 st March of each year, an audit fee at such rates as may be fixed by the Registrar with the prior approval of the Government. (2) The Registrar shall have power to increase the prescribed audit fee in special cases, for reasons to be recorded in writing. .(3) The Registrar may, at his discretion, remit either wholly or in part the audit fee payable by any society .

61. Procedure for the conduct of inquiry and inspection:

(1) An order authorizing inquiry under section 66 or inspection under section 67 shall, among other things, contain the following :-

(a) the name of the person authorised to conduct the inquiry Inspection; (b) the name of the society whose affairs are to be inquired into or whose .books are to be inspected . (c) the specific point or points on which inquiry or inspection is to be made, the period within which the inquiry or inspection is to be completed and report submitted to the Registrar (d) cost of inquiry (e) any other matter relating to the inquiry or inspection.

(2) A copy of every order authorizing inquiry under section 66 or inspection under section 67 shall be supplied to the financing bank.

(3) If the inquiry or inspection cannot be completed within the time specified in the order referred to in

sub-rule (I) the person conducting the inquiry or inspection shall submit an interim report stating the

reasons for failure to complete the inquiry or inspection and the Registrar, if he is satisfied, grant

such extension of time for the completion of the inquiry or inspection as may deem necessary or he

may withdraw the inquiry or inspection from the officer to whom it is entrusted and hold the inquiry or

inspection himself or entrust it 'to such other person as he may deem fit.

319

(4) On receipt of the order referred to in sub-rule (I) the person authorised to conduct the

inquiry or inspection shall proceed to examine the relevant books of account and other documents

in possession of the society or any of its officers, members, agents or servants and. obtain such

information or explanation from any such officers, members, agents or servants of the society in

regard to the transaction and working of the society as he may deem necessary for conduct of such

inquiry or inspection.

(5) The person authorised to conduct the inquiry or inspection shall submit its report to the

Registrar, on all the points mentioned in the order referred to in sub-rule (I). The report shall contain

his finding and the reasons therefore supported by such documentary or other evidence as

recorded by him during the course of his inquiry or inspection. He shall also specify in his report the

cost of the inquiry or inspection together with reasons and recommend the Registrar the manner in

which the entire cost or a part thereof may be apportioned, amongst the parties/-specified in

section 68.The Registrar shall pass such orders thereon as may be considered just after giving a

reasonable opportunity of being heard to the parties concerned.

(6) If the result of any inquiry held under section 66 or an inspection made under section 67

discloses any defects in the working of the society, the Registrar may bring such defects to the

notice of the society and if the society is a member of the financing bank, to the notice of that bank.

The society shall submit a rectification report in form J and shall continue to submit such

rectification reports to the. Registrar till all the defects are rectified or the all irregularities are

remedied to the satisfaction of the Registrar. . . . (7) The Registrar may also make an order, directing the society or its officers or the financing

bank to take such action, as may be specified in the order to remedy the defects within the time

specified therein. 62 Procedure for assessing damages against delinquent promoters, etc under

section 70 :

. (I) On receipt of the report made by the auditor, or person authorised to make inquiry under

section 66 or inspection under Section 67 or by the liquidator or otherwise, the Registrar or any

person authorised by him may make such further inquiries as he may deem necessary

regarding the extent to which the person who has taken any part in the organisation or

management of the society or any deceased, past or present officer of the society has

misapplied or retained, or become liable or accountable, for any money or property of the

society, or has committed misfeasance or breach of trust in relation to the society.

320

(2) On the completion of the further enquiries, if any under sub-rule - (I), the Registrar or the.

person authorized by him shall issue a notice. to the person or persons concerned furnishing him or

them with particulars of the acts of misapplication, retention, misfeasance or breach of trust and the

extent of his or their liability involved therein and calling upon him or them to show cause' within

fifteen days of the date of issue of the notice as to why he or they should not reimburse the society

or action should not be taken against him or them under law.

(3) On, receipt of the explanations referred to in sub-rule (2) the Registrar or the person

authorised by him, if' he is satisfied that there. are reasonable grounds for holding the person or

persons liable, shall frame charges.

(4) The person or persons so charged shall be afforded sufficient opportunity to submit in

writing his or their statements in defense and produce such documentary or oral evidence as he or

they may like to produce in his or their defense. The Registrar or the person authorised by him may,

in his sole discretion permit production of any other documentary or oral evidence, if considered

necessary, subsequently.

(5) The Registrar or the person authorised by him shall thereafter record the evidence led. .by

the society or the liquidator or the person or persons concerned and take on record the document

proved by them and shall thereafter fix a date for hearing arguments of the. parties. .

(6) On the day fixed for hearing under sub-rule (5),the Registrar or the person authorised by

him, shall hear the arguments and may pass his final order on the same day or on any day fixed by

him within twenty days from the date on which the hearing was completed. On the day so fixed the

Registrar or the person authorised by him, as the case may be, shall make his final order either

ordering repayment of the money' or return of the property to' the society together with interest at

such rate as may be specified by him or to contribute such amount to the assets of the society by

way of compensation in regard to misapplication, retention, misfeasance or breach of trust as may

be determined or may reject the claim submitted on behalf of the society.

(7) The Registrar or the person authorised by him, may also provide in his order for payment

of the costs of the proceedings under this rule or any part of such -cost as he thinks just .

(8) The Registrar or the person authorised by him shall furnish a copy of his order, under sub-

rule (6) to the parties concerned within ten days of the date on which he makes his final order.

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CHAPTER VIII

SETTLEMENT OF DISPUTES

63. Procedure for referring the disputes:

(I) Where a party to a dispute referred in sub-section (1) of section 72 desires to have the dispute determined in accordance with the said section, the party shall apply to the Registrar in writing in Form K' stating interalia (i) all the facts constituting the cause of action. (ii) names and addresses of the parties concerned (iii) facts showing that the subject matter of dispute is not barred, by limitation (iv) relief claimed in 'terms of money or otherwise. The application shall ,be duly verified. by the applicant

(2) A party referring the dispute under sub-section:( I) of section 72' shall pay a fee

of Rs. 2 which shall be deposited in advance in the, financing bank to the credit of "the Regis-trar-Settlement and Execution Expenses Fund", and' attach to the application the original' pay-in-slip for the deposit before it is delivered in. the office of the Registrar personally, or before sending it by registered post along with as many copies of the application as there are parties on the opposite side. The receipt of the application 'shall be duly acknowledged by the Registrar.

(3) On receipt of the application, the Registrar shall enter it in a -register in Form

L-and allot case No. on the application. Thereafter the Registrar shall. issue summons or notice of at least fifteen days to all parties for a' preliminary hearing of the application. Each of the

parties shall be supplied with a copy of the application along with this notice.

(4) On the date fixed for the preliminary hearing the Registrar shall, after hearing the parties if any present, determine the maintainability of the application and his finding on the following :

(i) whether' there is dispute

(ii) . whether the dispute comes within the purview of sub-section (1) of

section 72

(iii), whether the dispute is between the parties mentioned in clauses (a) (b), (c), and (d) (e) and (f) of sub-section (I) of section 2-

(iv) whether the dispute is within time according to sub-section (4) of section 72.

If the Registrar is satisfied that .the application is maintainable, he shall by order admit the application for decision of 'the dispute in accordance with the provisions of the Act and

Rules.

(5) The Registrar shall thereafter, require claimant to deposit the arbitration fee in the manner

and according to' the .scales of fees prescribed in Rules 67 and shall upon such payment by the claim and, refer the application along with his orders thereon' for arbitration.

.

the attendance of the parties concerned and of witnesses and

the production of all books and document: relating to the matter' in

dispute.

by giving or tendering them to the person concerned; or

if such person is not found, by leaving it at his last known

place of a bode or business or by giving or tendering it to

some adult member of his family; or

(a.)

(b)

'322 (6) The Registrar or the arbitrator" as the case may be, shall have power to appoint or

remove a guardian for the party to the .dispute who is a minor or who by reason of unsound mind or mental infirmity, is incapable of protecting his interest.

(7) The arbitrator shall fix the date, hour and the place of hearing of the dispute

(8) The arbitrator may 'issue summons or notices at least fifteen days before the date fixed

for the' hearing of the dispute requiring

(i)

,(ii)

(9) Summons or notices may ,be served

(c)

(d)

by sending it by registered post or

if some of the means aforesaid are available by affixing it in some 'conspicuous part of his last known place of abode or business.

(10) Service of summons or notice on the secretary or principal executive officer by whatever

designation known" of a society shall be regarded as service in that society.

(11) Where the serving officer delivers or tenders a copy of the summons personally to the person summoned or to an agent or other person on his behalf, he shall require the signature of

the person to whom the copy is so delivered or tendered in token of acknowledgement of service endorsed on the original summons.

(12) The serving Officer shall in an cases, in which the summons have been served under

sub-rule (11) make an endorsement on, or annex to, the original summons, a return stating the time when and the manner in which the summons was served and the name and address' .of the

person, if any, identifying 'the person concerned and witnessing the delivery or tender of the summons.

(13) The sufficiency of proof of service .of the summons or notice shall be decided by the authority which issued the same.

(14) Incase any party to the dispute, who is duly summoned absents himself at the hearing ,the dispute may be decided ex-parte.

64 Award or Decision:

(i) The Registrar, the arbitrator or . other person deciding the dispute shall record a

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brief note of the evidence of the parties and witnesses who attend and upon the

evidence so recorded and after consideration of any documentary evidence produced

by either party shall make an award in accordance with justice ,equality and good

conscience '

. ,he shall record his .award in writing ,. sign and date it and shall communicate it to

the parties.

(2) The award shall contain the number of reference, the names and 'description of. the .

parties, and particulars of: the disputes and shall specify. clearly the relief granted .the amount decreed

the future interest allowed if any, and the .costs awarded.

(3).If ,no award is' made immediately upon the' conclusion of the hearing of the parties

,the arbitrator shall fix the .date and place of delivery of the award and shall , except for reasons .

to be recorded in' writing deliver the award on the date so fixed. .

(4) The award shall be communicated to the. parties by

(a) . 'pronouncement of the award in the presence of the parties to the dispute; or

'(b) . registered post to any party which may be absent on such date.

(5)The arbitrator shall have power to order the expenses of determining a dispute or

the cost of either party .to be' paid by 'such parties or parties to the dispute as he may think fit Provided that the expenses or the costs so 'awarded shall not exceed 2-1/2 per cent of the awarded amount over the arbitration fee deposited by the claimant with the' Registrar.

'(6) The original records of the dispute and the proceedings before the arbitrator shall be delivered to the Registrar by the arbitrator; after the decision or award has been delivered. (7) Any document or record tendered by a party may on application be returned to the party after the disposal 'of the appeal, if any, or after the period of appeal.

(8).A copy of the decision or award shall, on application ‘be- given to a party by the Registrar

duly certified on payment of the prescribed fee.

65 Withdrawal of a reference by the Registrar

On an application by any party to the arbitration proceedings pending before an arbitrator , the

Registrar may for reasons to be recorded in writing , withdraw the reference from the arbitrator

appointed and may decide the dispute himself and give an award in the manner provided in rule

64 or entrust the reference for decision to another arbitrator

66 Appointment of persons as arbitrator

(1) For the purpose of clause (c) of sub section (1) of section 73 , the Registrar may appoint

any person who fulfill such qualification as may be specified by the Registrar to perform the duties

of the arbitrator for dispute for a period specified in the order , which shall not ordinarily exceed

one year but may be extended by the Registrar by further special order for further periods not

exceeding one year at a time

(2)For purposes of sub rule 66 the Registrar may appoint an arbitrator from

(a)Officers of any department of Government ,or

(b)Officers ,paid staff or members of any society

.

.

. .'

.

.

324

(c), 'Members of Metropolitan Council and local bodies

(d) Certified Accountants.

67. Arbitration Fee:

(1) The Registrar shall have ,power to require the person referring a dispute under sub-

section (I) of section 72 to deposit in advance with' the financing bank to the credit 'of Settlement

and Execution Expenses Fund a fee at the rate specified in the Table below which may be

revised by the Registrar from time to time.

TABLE A

( Schedule of fee for an arbitration)

(I) In respect of disputes relating to claims of money referred to under section 72.

(i) (a)

(b)

in case of claim below Rs. 100 Rs.IO

in case of claims for Rs. 100 or

above

2 1 /2 per cent of !the claims

subject' to minimum Rs. IO and

maximum Rs 500

(ii) In case of dispute of non-monetary nature. . . . - ... . . . . . . . a fee of not less

than Rs. IOO and not more than Rs500 in each case, as may be considered

reasonable by the Registrar.

(2) The arbitrator may be paid out of the fee 'recovered under sub-rule (I), such fee as the

Registrar may think proper.

(3) decided.

No fee shall be payable to an arbitrator till the dispute referred to him is finally

(4) The Registrar may, in his discretion remit the whole or any part of the fees collected

under sub rule (I).

(5) All fees deposited in the financing bank to the credit of "Settlement and Execution

Expenses Fund" shall be administered by the Registrar in accordance with the Regulations

contained in Schedule II.

68. Appearance of professional practitioners etc:

. In the proceedings under Rule 64 any party to the dispute may take the assistance of any other person to represent the case on his behalf, but 'may not engage a legal practitioner for the purpose. If a legal practitioner is a member of a society and represents the society in the proceeding,

the other party to the dispute shall have a right to be represented by a legal practitioner.

325 ,

CHAPTER IX

WINDING UP OF SOCIETIES

69. . Procedure for Issue of Winding up order:

(I) Before passing an order under section 75 the Registrar shall give an opportunity to the

society to show cause against the proposed order The show cause notice shall be sent to the

president of the society at its registered address by registered post acknowledgement due. The

notice. shall state the grounds on which the order under section 75 is proposed to be made.

(2) After considering the reply from the society, if any, which shall be supported by the.

resolution of-its committee, or if no reply is received by the Registrar within. fifteen days of the

service of the notice under sub-rule (I), he shall proceed to pass the order for winding up the

society.

(3) The order passed under section 75 and sub-section (I) of section 76 shall be

communicated to .the president of the society in the manner specified under sub-section (4) of

section . 75 at the registered address of the society. The communication will be complete as soon

as the letter containing the order is posted. .

(4) The order referred to in sub-rule (3) shall 'also be published in the Official Gazette;

(5) The order referred to in sub-rule (3) shall take effect from the date of order notwithstanding

whether or not it is published in the Official Gazette and shall operate in favour of all creditors,

contributors, debtors and any person having custody, possession and control over any asset or

record of the society.

70 Appointment of a Liquidator:

(1) Where a liquidator is appointed under sub-section (I) of section 76, the Registrar may limit or restrict his power by order appointing him or by subsequent order but, otherwise, he shall have the same powers as a liquidator as given in the Act.

(2) The Registrar may remove the liquidator at any time without assigning any reasons and may be appointed another liquidator. The liquidator on his removal shall hand over all the property, documents, record etc. relating to the society under liquidation to his successor. A charge report to be signed by the relieved and relieving liquidators shall be drawn and a copy of the same duly signed shall be forwarded to the Registrar. .

(3) .The liquidator shall be described as the liquidator of particular society in respect of which he acts and not by his individual name.

71. Procedure to be followed by the Liquidator,:

(I) The liquidator shall, as soon as the order of winding up of a society takes effect, publish

by such means as he may think proper, a notice requiring all claims against the society to be

submitted to him within one month of the publication of the notice.

.All liabilities recorded in the account books of a society shall be deemed if so facts to have

been duly submitted to him under this sub-rule.

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. (2) The liquidator may fix time, within which the creditors are to prove their debts or claims. If

no claim .is .made within two months of the order of winding up, the liquidator may refuse to

entertain such claims.

(3)The liquidator' soon after his appointment shall take charge of the books of accounts '

and other documents of the society and all its, assets. There. shall be prepared immediately , on

the relevant date a statement as to the affairs of the society containing the following particulars:

(a) . the assets of the society stating separately the cash balance in hand and bank.

if any, and the negotiable securities if any ,help by the .society.

its debts .and liabilities .

the names and addresses and occupation of its creditors stating :separately

the amount of secured and unsecured debts and in. the. case of secured

debts, particulars of the' securities given

(d) . the debts due to. the society and the names residences and occupations of

the persons from whom they are due and amount ,due; and .

. (e) Such other information as may be required by the Registrar.

(4) . The statement required to be prepared under sub-rule (3)shall be made on the basis of

the records of the society, audit reports, and on the basis of the statements made by the member

of the committee .at the relevant date or by the person who is at that date; the Manager, Secretary

or Treasurer or other officer of the society. . The liquidator shall examine them on oath. This

statement shall be submitted by the liquidator to the Registrar within twenty one days of the date of

his appointment or within such extended time not exceeding three months from the date of

the said order. .

. (5) The liquidator shall after setting the assets and liabilities of the society as they stood on

the date on which the order for winding up is made, proceed next to. determine the contribution to

be made by. each of its members or by the estates of deceased members or nominees, heirs or

legal representative of the deceased members or by any officers or former officers to the assets

of the .society under clauses (b) and (c). of sub-section (2) of section 77. Should necessity arise;

he may make a subsidiary order regarding' such contributions and ,the order shall be enforceable

in. the' same manner as the original order.

(6) As soon as practicable after orders under sub-rule (5) have been passed, the liquidator

shall settle a. list of contributors with power to rectify the membership register in pursuance of

any order which may be passed by the arbitrator or the Registrar in accordance with

the pro visions of the Act and Rule.: and shall cause the assets to be collected.. . .

(7) In setting the list referred to in sub-rule (6), the liquidator shall distinguish between

those who are contributors in their .own right and those who are ,contributors as representatives

of or liable for the debts of others.. .

(8) The liquidator may at any time after his appointment require any contributor for

the time 'being of the list of contributors , any trustee, banker, agent or officer of the society

. 'to pay, deliver surrender or transfer forthwith to the liquidator any money, property or books

or paper in his hands to which the society is prima-facie entitled.. . .

(9) No contributor for the time being on the list shall be allowed by way of set off any.

money claimed to be due to him or .to the estate he represents, from the society in respect of

any independent dealing or contract with the society.

(b)

(c)

suisubmitted by him to the Registrar for his approval. The Registrar may confirm or modify such order or refer it bit back to the liquidator for further enquiry or action.

. . . .

(10) All funds in charge of the liquidator shall be deposited in the financing bank in a current account be

opened in the name of the society under liquidation which shall be operated upon by the liquidator. All

funds received by him and relating to the society under liquidation' shall be deposited by him in this account

within 24 hours of the receipt. of . All payment on account of the society shall, be made. by cheques drawn

by the liquidator in favour of the payee. The liquidator may keep with him a cash balance' of Rs.20 to meet

petty expenses on liquidation proceedings

(11) Any order passed by the liquidator under. clauses (b)and (c) of sub section (2)of section 77 shall be

327

(12) Any person falsely claiming himself as the. creditor or the contributory of society

shall be guilty of the offence under section 182 of the Indian Penal Code (Act XIV of I 860) and shall on the application to the liquidator be punished accordingly

Application of Assets of the Society: 72.

Subject to the provisions of rule 73 the assets of the society shall be applied in order of priority . indicated below. .

(i)

(ii)

(iii)

(iv)

Pro-rata payment .of all outside liabilities

Pro-rata payment of-loans and deposits of members '

Pro-rata refund of share capital

Pro-rata payment of dividend' on the shares at the rate not exceeding nine

per cent per annum for the period of liquidation

73. Preferential Payments:

(I) In the winding up proceedings, there shall be paid in priority to all other. debts and liabilities of the society under liquidation:- .

(a) AIl Government dues, all revenues, taxes, cess and rates due from the society to the Central/State Government or to the local authority at the rele-vant date and having become due and payable within two years next before that date.

. . All wages or salaries of any employee in respect of services rendered to the society and due .for a period not exceeding two months Within the twelve months next before the relevant date subject to maximum of Rs.5OO.

The debts mentioned in .the clauses (a) and (b) shall rank equally amongst . themselves and be paid in full unless the assets are insufficient to them in . which case they shall abate in equal proportion.

(2) Subject to retention of such sums as may be necessary for the costs and expenses of the winding up, the foreign debts mentioned in sub-rule (I) shall be discharged forthwith to the extent the assets are sufficient to meet them. .

(b)

(c)

328

74 Interest on amount-due from a Society under liquidation

The creditor of a society under liquidation may apply to the liquidator for payment of

interest on any debts due to him from the society up to the date of order of the Registrar for winding

up. The rate at which the interest may be .paid shall be, in the case of the financing bank. the . contract rate and in any other case, the rate which may be fixed by the Registrar which shall not.

exceed the ,contract rate: Provided that if any surplus assets remain after all the liabilities in including the liabilities on share have been paid off, further interest at rate not exceeding contract rate may be allowed by the Registrar to the creditors from the date. mentioned above, till the date of repayment. of the principal.

75 .Liability due to claimant whose whereabouts not known:

,The amount representing the undischarged liabilities of the society due to creditors whose

whereabouts are not known or who could not be paid for any reason whatsoever shall be deposi-

ted in the name of the Registrar with the financing bank being paid to the creditor as and

when claimed by him but-within a period of three years for the date of winding up order thereafter, the amount shall be treated as surplus amount and shall be utilized in the manner in rule 8I . The

Registrar may, under special circumstances, pay the liabilities claimed even after the stipulated period of three years.

76.. Maintenance of accounts and submission of reports by the Liquidator:

(1) The liquidator shall keep such books and accounts as may be laid down' by the

Registrar or audit officer. .

(2) The liquidator shall prepare as at the close 'of each half year an account of his receipts

and payments as a liquidator. . A senior auditor shall be appointed by the Registrar as the audit

officer who shall audit these accounts on behalf of the Registrar. When accounts are to be

audited by the audit officer, one copy shall be kept by the audit officer and the other returned to

the liquidator with his report. The liquidator shall produce for purposes of audit all voucher: a

accounts and shall furnish such information as may be required by the audit officer. .The liquidator

shall rectify all irregularities and defects pointed out by audit officer to the satisfaction. and shall

submit' to him a rectification report.

(3) No audit fee shall-be charged for audit of the account under this rule.

Services of Legal Practitioner: 77.

Whenever it is considered necessary by the liquidator to defend or to institute any legal proceedings for and on behalf of the society under liquidation, he shall approach the Registrar who shall after considering all the facts .and circumstances of the case, provide the services

of the legal practitioner at the. cost of the society under liquidation. . If the Registrar or the Government has been impleaded in such proceedings the cost of defending them by the Registrar or the Government shall also be paid out of the Funds of the society . If no funds are available with the liquidator arrangements shall be made. at Government expenses but the cost of such arrangements shall be ultimately recovered from' the contributories and paid to the Government a preferential debt under clause (a) of sub-rule (I) of rule 73.

329

78. Action against the delinquent promoters or members of the committee:

.The liquidator shall make a report to the Registrar for purposes of taking action under section

70, where, in his opinion, any fraud has been committed in relation to the society by any person in the promotion, organisation, registration or management of the society under Iiquidation since

its registration or any deficiency in the assets of the society has been caused by the breach of trust, or willful negligence or by retaining any money or other property belonging to the society.

This report shall be submitted to the Registrar as soon as practicable after preparation of the statement referred to in sub-rule (3) of rule 71. On receipt of this 'report, the Registrar shall

proceed to take action under Section 70.

79 Effect of winding up order on Antedcent Transactions:

(I) Any transfer of shares in 'a society under liquidation made within six months next before

the relevant date except transfer of shares to the deceased members, heirs or nominee, shall be

void and not binding upon the liquidator notwithstanding anything contained in the Act, Rules or

the bye-laws of the society.

(2) Where a society has been ordered to be wound up, no member shall alienate his

property, movable or immovable, from the date of the date of the order of winding up and until

after the expiry of 15 days from the date of such order takes effect. Any alienation of the property

made by a member in contravention of this section is voidable at the option of the liquidator.

Provided that the provisions of this section shall not apply to any member who furnishes

adequate security to the satisfaction of the liquidator:

80. Termination of Liquidation Proceedings:

(I) The winding up proceedings of a society shall be completed within one year from the date

of the order of the winding up, unless the period is extended by' the Registrar:

Provided that the Registrar shall not grant extension for a period exceeding six months at a

time and three years in the aggregate, and shall immediately after the expiry of one year or. such

extended period, as the case may be, deem that the liquidation proceedings have been

terminated if there are no amounts due to the Government or the financing bank by the society and

pass an order terminating the liquidation proceedings. .

Explanation:

In the case of society which is under liquidation at the time of commencement of the Act, the

order for winding up of the society shall be deemed for the purpose of this rule to have been

passed on the date of such commencement.

(2) Notwithstanding anything contained in the foregoing sub-rule, the Registrar shall terminate

the liquidation proceedings on receipt of the final report from the liquidator. The final report of the

liquidator shall state that the liquidation proceedings of the society have been closed and how the

winding up has been conducted and the property and the claims of the society have been disposed

of and shall include a statement showing a summary of the account of the winding up including the

cost of liquidation, the amount (if any) standing to the credit of the society in liquidation, after

paying off its liabilities the share or interest of members, and. suggest how the surplus should be

utilized.

330

. (,3.) The liquidator before submitting the final report of the Registrar under sub-rule (2) may call. a meeting of general body of the society and place the report before it.

.

81 Diposal of Surplus Assets

The surplus assets, as shown in the. final report of the liquidator of a society which has been

wound up may either be divided by the Registrar, with the previous sanction or the Government

amongst its members in such manner as may be specified or be devoted to any object or. objects

provided in the bye-laws of the society. Where the surplus is not so divided amongst the members

and ,the society has no such bye-laws, the surplus shall vest in the Registrar, who. shall hold in-

trust and shall transfer it to the reserve fund of. new society registered ,with a similar object, and

serving more or less an area which the society to which the surplus belonged' was serving if

considered feasible and advisable by. the Registrar:

Provided that, where not such society exists or is registered within three years of the cancellation of

registration of the society whose surplus is vested in the Registrar or where the Registrar does not

think it desirable and feasible to do so be may distribute the surplus in the manner he thinks, best,

among any or all of the following: .

(a) an object of public utility and of local interest as may be recommended by the

members in general meeting;

the financing bank or a federal society with similar objects to which the society

of which registration has been cancelled, was eligible for affiliation; and

any charitable purpose as defined in Section 2 of the. Charitable Endowments

Act, 1890. .

Relevant Date:

(b)

(c)

82.

The expression "relevant date". as appearing in this Chapter shall mean the date of order of

winding up made under sub-section (1) of Section 75. .

83. Disposal of Record:

All the books and record of a society whose registration has been cancelled may be destro-yed under the orders of the Registrar after, the expiry of a period of three years from the date of cancellation.

84 Final Order of Cancellation

The order made by the Registrar under sub-section (1) of Section 79 also be published in the Official Gazette. . .

CHAPTER X

EXECUTION OF AWARDS, DECREES, ORDERS AND DECISIONS

PART I,

ENFORCEMENT OF CHARGE

85. Application under Section 80

,( I) Every application under Section 80 shall be made in 'Form M and shall be signed

by. person authorised by the committee .of a. society. It shall be accompanied by an inventory of

the property to be sold containing a reasonably accurate description of the same.

.

331

(5) Each bailiff shall deposit the amount .recovered by him in the financing bank in the

current account of Recovery Officer. Each bailiff shall render to the Accountant appointed

by the Recovery officer' a true an d faithful account of all receipts and deposits made by

him which shall re entered in the cash book with full clarity and all the entries made in the cash book shall there be attested by the Recovery Officer. Any unusual delay in deposit of the amount in the financing bank by any bailiff shall be brought to the personal

notice of the Recovery Officer by the Accountant. .

(6) The Recovery Officer shall be responsible for the maintenance of true, and correct, . accounts of the recoveries and deposits. He shall also act as the controlling officer in res pect of the staff maintained and paid out of the "Settlement and Execution Expenses Fund" in accordance with the regulations of the Fund.

88. Mode of payment of Decretal Amount:

(I) All money payable under the certified award shall be paid as follows.

(a) with the Recovery Officer or with any person authorised by him against official receipt;

out of the court to the decree-holder where any payment is made under clause (a), notice of payment shall be made by the Recovery Officer to the decree-holder.'

(b)

(2) Where any money payable under an award under execution is paid by the judgment

debtor to the decree-holder or the award is, .other wise adjusted in whole in or part to the

satisfaction of the decree-holder the decree-;holder shall certify. payment or adjustment to'

Recovery Officer and he shall record such payment or adjustment in the personal ledger account maintained by him.

(3) The judgment debtor may also inform to Recovery Officer of payments or adjustments 'and apply to him to issue a notice in Form R to the decree-holder to show cause, on a day to be fixed by the Recovery Officer, why such payment or adjustment should not be recorded in the personal ledger account of the decree-holder as having been paid or adjusted in the execution proceedings, and if after service of such notice, the decree-holder fails to show cause the Recovery Officer may record the payment or adjustment in the above manner. A payment or adjustment which has not so been recorded as aforesaid, shall not be recognised by the Recovery Officer executing the. award.

89 Cost of Execution:

The recovery Officer executing the award may recover from the judgment-debtor', in addition to the decretal amount, the cost of execution as arrears, of land revenue and pay the same to the decree-holder.

90 Transfer of Decrees:

Where any property to be sold in realization .of any decree is 'situated outside the State of Sikkim, the decree shall be forwarded for execution in accordance with the provisions of the Revenue Recovery Act, 1890 to the Collector of that District where the ,property of judgment-debtor/defaulter is situated.

332

PART III

EXECUTION OF DECISION; AWARD OR ORDER BY THE REGISTRAR

91. Procedure in Execution:

(I) Where any decree-holder desires to have the decree executed under provisions of clause (b) of section 81, he shall apply to the Registrar or the officer authorised by the Registrar in that behalf by a special or general order (hereinafter referred to the "Recovery Officer"), in Form S which shall be signed by the decree holder.

The decree-holder shall indicate whether he desires to proceed against the person of the defaulter against his movable or immovable property or both and shall state in what way he wants the assistance of the Registrar according to the Act and Rules

(2) On receipt of the application referred to in sub-rule (I), the Recovery Officer shall call for

original record and shall verify the correctness and genuineness of the particular set forth in the application with the records.

(3) The Recovery Officer shall, on being satisfied about the correctness and genuineness of

the application received by him, order execution of the decree:

(a)

(b)

(c)

by delivery of any property specially decreed;

by attachment and sale or sale without attachment of any property

by arrest and detention of person

(4) Where in the proceeding under clause (b) of Section 81, any person require the issue of any process or object to any process to be issued, or requires the adjournment of any proceedings, he shall pay the fee as fixed in Schedule II which may be revised by the Registrar from time to time. Thereafter the Recovery Officer shall issue processes.

( 5) The provisions of Sections 36 to 74, 135, 13 5 A and ,Order XXI in the First Schedule of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to the execution ordered under clause (b) of Section 81 and the Registrar or the Recovery Officer as the case may be shall be deemed to be the executing court for the purposes of those sections.

(6) Without prejudice to the generality of the foregoing sub-rule, a demand notice stating therein the relief claimed by the decree holder shall be prepared in duplicate in Form T. by the - Recovery Officer who shall send it to the defaulter together with a copy of the application filed by the decree-holder and obtain the signature of the defaulter on the duplicate in token of his having received -the demand notice with the copy of the application.

92. Order in which proceedings shall be taken:

Unless the decree-holder has indicated under sub-rule (4) of rule 91 the order in which the property of the defaulter shall be proceeded against, the execution shall ordinarily. be taken in

the following manner, namely;

333 ..

(i) Movable property .of the defaulter shall be first proceeded. against ,but

nothing in this clause shall preclude the immovable property being, proceeded

against simultaneously in case of necessity

If there is no movable property, or if the sale proceeds, of the moveable property, or properties attached and sold are insufficient to meet in full the demand of the decree-holder, the immovable property mortgaged to the decree holder or order immovable property belonging to the defaulter, may be proceeded . against.

(ii)

93. Rules for seizure and sale of movable property :

In the seizure and sale or movable property the following rules shall be observed:

(i) The Recovery Officer shall, after giving previous notice to the decree...holder. proceed to

the village where the defaulter resides or the property to be distrained. is situated and serve the

.demand upon the defaulter in Form' U. If the demand together with the interest and all expenses is not at once .paid, the Recovery Officer shall make the distress and shall immediately deliver to

the defaulter a list of inventory of the property distrained and an intimation. of the place, day and hour at which the distrained property will be brought to sale if the amounts due are .not

previously discharged. If the defaulter is absent, the Recovery Officer shall serve the demand notice on some adult member of his family, or on his authorised agent, or when such service

cannot be effected shall affix a copy. of the demand notice on some conspicuous part 'of his residence. He shall then proceed to .make: the distress and shall fix list of the property attached

on the usual place of residence of the. defaulter: endorsing thereon the place where property may be lodged or kept and an intimation of the place, day and hour of sale if the amounts due

are not previously -discharged.

(ii) After the distress is made, the Recovery Officer may arrange for the, custody 'of the

property attached with the decree-holder or otherwise.

(iii) If the Recovery Officer requires. the decree-holder to undertake the custody of the

property, he. shall be bound to do so and any loss incurred owing to his negligence shall be made

good by the decree-holder. If the attached property is livestock the decree-holder shall be :responsible for providing the necessary food therefor.

(iv) The Recovery Officer may, at the instance of the defaulter or of any person claiming

an interest in such property leave it in the village or place where it was attached, in the charge of such defaulter or person if he enters into a bond in Form V with one or-more sureties for the

production of the property at the place of sale when called for. (v) the distress shall be made after sunrise and before sunset and not any other time.

(v) The distress levied shall not be excessive, that is to say, the property distrained shall be. as nearly as possible proportionate to the sum due by the defaulter together with

interest and all expenses incidental to the distraint, detention and sale.

(vi) If crops attached are standing- crops belonging to a . defaulter the Recovery Officer

.may' cause them to be. sold when fit, for reaping or gathering or at his option may cause the

to be reaped or. gathered in due' season' and stored in proper place. until .sold. In the latter

case. the expenses of reaping or gathering and storing such crops or products shall be defrayed

by the owner upon his redeeming the property or from the proceeds of the sale in the event of its

being sold.

(viii)The Recovery Officer shall not work the bullocks of cattle or male use of the goods or effects

distrained, and shall provide the necessary food for the cattle or the livestock distrained until the

same are sold and. the expenses incidental ,thereto shall be defrayed by the owner upon his

redeeming the property, or from .proceeds of the sale in the event of its being sold.

(ix) 'The Recovery Officer may force open any stable .cow house, granary, 'godown

outhouse ,or other building and he' may also enter any dwelling house, the outer door ,of . which

may be open and may break open the door of any room in such dwelling house for the, purpose of

attaching property belonging to a defaulter and lodged therein provided. always that it shall not be

.lawful for the Recovery Officer to break open, or enter any apartment in such dwelling house

appropriated for the occupation of women except as' hereinafter provided .

334

(x) Where ,the Recovery Officer may have reason to suppose that the property of a defaulter is lodged within. dwelling .house the outer door of which may be shut, or within' any apartment appropriate to women which, by the usage ,of the country, , are considered private, the Recovery Officer shall represent the fact to the officer-in-charge of the nearest police station On such representation, the officer-in-charge of the said station shall send a Police Officer - to the spot in the presence of whom the Recovery Officer may force open the outer door of such dwelling house in like manner as he may break open the door of any other room within the house. The Recovery Officer may also in the presence of the Police officer, after due notice given for the removal of women and, after furnishing means for their suitable manner (if they be women of rank with according to the customs of the country removal in cannot appear in public) enter the rooms for the purpose of distraining the property of the defaulter, if any, deposited therein but such property, if found, shall be immediately removed from such rooms, after which they shall be left free to the former occupants.

(ix)' The Recovery Officer shall on the. day previous to and on the day of sale cause proclamation in Form W as also by beat of drum in the village in which the defaulter resides and in such other place or places as. the Registrar may consider necessary to give the publicity to the time and place of sale of the 'property distrained.

(xii) No sale shall take place until after. the expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner specified. In- clause (i), provided that where, the property seized is, subject to speedy and natural decay, or where the expenses of keeping it in custody are likely to exceed its value, the Recovery Officer may sell it at anytime before the expiry of the said period fifteen days unless the 'urgent due .is sooner paid.

(xiii) at the appointed time, the property shall be put up in one or more lots as, the

Recovery Officer may consider advisable and shall be 'disposed of to the highest bidder:

, Provided ,it shall be open to the Recovery Officer to ,decline to accept the highest. bid where the price offered appears to be unduly low order other sufficient reason. . Provided further, that the Registrar or the Recovery Officer may; in his discretion.

adjourn the sale to a specified day and how recording his reasons for such adjournment.

(xiv)Where the property is sold for more than the amount due, the excess amount, after reducing the interest and the expenses of process and other charges shall be paid.

die defaulter.

335

(xv) The property shall, be paid for in cash at the time of sale or as soon thereafter .as the officer holding the sale shall appoint and permit on such terms and conditions, as may deem fit to

impose and the purchaser shall not be permitted to carry away any part of the property until he has paid for it in full.

(xvi) Where the purchaser fails in the payment of the purchaser money, any counter

deposit made by the purchaser shall be forfeited and credited towards the sale proceeds

and the property shall be resold.

(xvii) Where it is proved to the satisfaction of any civil court of competent jurisdiction that

any property which has been distrained under' these Rules has been forcibly or clandestinely removed by any person, the court may order forthwith such property to be restored to the

Recovery Officer.

(xviii) Where prior to the day fixed for sale, the defaulter or any person acting on

his behalf or any person claiming an interest in the property attached, pays the full amount due, including interest and other costs incurred in attaching the property, the Recovery Officer shall

cancel the order of attachment and release the property forthwith..

(xix) No member of the committee of a society or recovery of whose dues the sale

is being made, shall without the express permission of the Registrar bid either directly or

indirectly for the purchase of the property which is subject to charge under section 42.

(xx) No officer or other person having a duty to perform in connection with any sale,

whether directly or indirectly bid for, acquire or attempt to bid or acquire any interest in the

property sold.

(xxi) Where the property is sold, of which actual seizure has been made, it shall be

delivered to the purchaser. Where the property sold is in the possession of any person, delivery

thereof to the purchaser shall be made by giving notice to the person in possession prohibiting

him delivering possession of the property possession any other person except

the purchaser.

94. Attachment of salary or allowances of public officer or of servant of a Railway

Administration or Local Authority or Firm:

Where the movable property to' be attached is the salary or allowance or wages of a

public officer or of a servant of railway administration or local authority or a firm, or company,

the Recovery Officer may issue an order in Form X directing the officer or other person

responsible to. disburse the salary, that the amount shown in the order .shall, subject to

the provisions of section 60 of the Code of Civil Procedure, 1908, be withheld from the salary

or allowance or wages either in one lump sum or by monthly instalments as the Recovery

Officer may direct and upon service of the order, the officer or other person responsible

to disburse such salary or allowance or wage shall withhold and remit to the Recovery Officer,

the requisite amount.

95. Attachment of Decree:

(I) Where the property to be attached is a decree either for the payment of money

or for sale in enforcement of mortgage or charge, the attachment shall be made

'if the decrees sought to be attached was passed by the Registrar or by

any person to whom a dispute was referred by the Registrar under Section 73

by an order of the Registrar on the application made by the Recovery Officer

in this behalf.

it the decree 'sought to be attached was passed by a Court and has not been

sent for execution to any other Court by the issue to such Court of a notice by

Recovery Officer, requesting such Court, to stay the execution of its decree

unless and until

(i) the Recovery Officer cancels the notice, or

(ii) the holder of the decree sought to be executed by the or the judge

ment-debtor there of applies to the Court receiving such to execute

its' own decree; and

if the decree sought to be attached is Fending execution in a Court which did

not pass the same, by the Recovery Officer seeking to attach such decree in

execution by sending notice referred to in clause (b) to such Court, where-

upon the provisions of that clause shall apply in the same manner as If such

Court had passed the decree and the said notice had been sent to it in

pursuance of the said clause

(2) Where the Registrar makes an order under clause (a) of sub- rule (I) or when Court

receives a notice under clause (1) or (c) of the said sub-rule, the Registrar or the Court

shall, on the application of decree-holder who has got the decree attached or his defaulter

proceed to execute the decree and apply the net proceeds in satisfaction of the decree

being executed by the Recovery Officer.

(3) The holder of decree sought to be executed by the attachment of another decree of the

nature specified in sub-rule (I) shall be deemed to be the representative of the holder of the

attached decree to be entitled to execute such attached decree in any manner lawful for the

holder thereof.

(4) The holder of decree attached under this rule shall give the Court or the Recovery Officer

executing the decree such information and aid as may responsibly be required.

(5) On the application of the holder of a decree sought to be executed by the attachment of

another decree, the Recovery Officer shall give notice of the order of attachment to the

Judgment-debtor bound by the decree attached, and no payment or adjustment of the attached

decree made by the judgment-debtor after receipt of notice thereof, shall be recognised so long

as the attachment remains in force.

,96 Attachment of debt, share and other property not in possession of defaulter:

(I) Where the movable property to be attached is

(a) a debt due to the defaulter in question,

(b) a share in capital of, a corporation or a deposit invested therein, or

(c) other movable property not in the possession of the defaulter except property

deposited in or in the custody of any Civil Court, the attachment shall be made by a

written order signed by the Recovery Officer prohibiting;

(i) in the case of the debt, the creditor from recovering the debt and debtors from

making payment thereof until further order of the. recovery Officer

336

(a)

(b)

(c)

337

in the case of the share or deposit, the person in whose name the share or the deposit may be standing from transferring the share or deposit or receiving any dividend on the shares, the. deposit or interest on the deposit;

in the case of the other movable property except as aforesaid, the person in possession of it from giving it over to the defaulter.

(2) A copy of such order shall be sent in the case of the debt, to the debtor, in the share or deposit, to the proper officer of the corporation and in the case of the other movable property, (except as aforesaid), to the person in possession of such property. As soon as the debt referred to in clause (a) of sub-rule (I) or the deposit referred to in clause (b) of that sub-rule matures, the Recovery Officer may direct the person concerned to pay the. amount to him. Where the share is not withdrawable, the Recovery Officer shall arrange for its sale through a broker. Where the share is withdrawable its value shall be paid to the Recovery Officer as soon as it becomes payable. In the case of the other movable property referred to in clause (c) of sub-rule (I) the person concerned shall place it in the hands of the Recovery Officer, as soon as it becomes deliverable to the defaulter.

(ii)

(iii)

(3) A debtor prohibited under clause (a) of sub-rule (I) may pay the amount of his debt to the Recovery Officer and such payment shall discharge him as effectually as payment to the.

party entitled to receive the same.

97. Procedure in attachment and sale of Immovable Property:

In the attachment and sale or sale without attachment of immovable property the following

procedure shall be observed :

(i) The application presented under rule 9 I shall contain a description of the immovable property to be proceeded against, sufficient for its identification and in case such property can be identified by boundaries or numbers in record of settlement or survey, the specification of such boundaries or numbers and the specification of the defaulters share or interest in such property to the best of knowledge and behalf of the decree holder and so far as he has been able to ascertain it. .

(ii) The demand notice issued by the Registrar under sub-rule (6) or rule 91 shall contain the name of the defaulter, the amount due including the expenses, if any, and the time allowed for payment and in case of non-payment, the particulars of the properties to be attached and sold or to be sold without attachment as the case may be. After receiving the demand notice, the Recovery Officer shall serve or cause to be served a copy of the demand notice upon the defaulter or upon some adult male member of his family at his usual place or residence or upon his authorised agent, or if such personal service is not possible shall fix a copy thereof on some conspicuous part of the immovable property about to be attached and sold or sold without attachment as the case may be :

338

Provided that where the Recovery Officer is satisfied that, a defaulter with intent to defeat or delay the execution proceeding against him is about to dispose of .the whole .or any part .his property, the demand notice issued, by the Registrar. under sub-rule (5) of rule 91 shall not allow any time to the defaulter for the payment of the amount due by him and the property of the defaulter shall be attached. forthwith.

-(iv)

If the defaulter fails to pay the amount specified in the demand notice within the time allowed, the Recovery Officer shall proceed to

attach and sell or sell without attachment, as the case may be, the immovable property noted in the application for execution in the

manner hereinafter - specified.

Where the attachment of immovable property is required before,

sale, the Recovery Officer shall, if possible, cause a notice of att-

achment to be served on the defaulter personally. Where the personal service is not possible, the notice shall be affixed in some

conspicuous part of the defaulter's last known residence, if any. The fact of attachment shall also be proclaimed by beat of drum or

other customary mode at some place on or adjacent to such pro perty and at such other place- or places as the Registrar or the

Recovery Officer may consider necessary to give due publicity to the sale. The attachment notice shall set forth that unless the amount

due with interest and expenses be paid within the date therein mentioned the property will be brought to sale. A copy of the notice

shall be sent to the decree-holder. Where the Recovery Officer so directs, the attachment shall also be notified by advertisement in a

local newspaper.

Proclamation of sale shall be published by affixing a notice in the office of

the Registrar at least thirty days before the date fixed for the sale. Such proclamation shall state the decree-holder and the defaulter the time and

place of sale and also shall specify as fairly and accurately as possible :

(a) the property to be sold;

(b)any encumbrance to which the property is liable; (c) the amount for the recovery of which the sale is ordered; and

(d) every other matter which the Recovery - Officer considers material for a purchaser to know in order to judge the nature and value of the property.

(iii)

(v)

(iv)

When any immovable property is sold under these Rules, 'the sale shall be

subject to the prior encumbrances on the property, if any. The decree holder shall, when the amount for the realization of which the sale is held,

exceeds RS.IOO, furnish to the Recovery Officer within such time as may be fixed by him or by the Registrar an encumbrance certified from the

Registration department for a period of not less than twelve years prior to the date of attachment of the property sought to be sold. The time for production

of the encumbrance certificate may be extended at the discretion of the. Recovery Officer or the Registrar. The sale shall be by public

339

suction to the highest bidder ,provided that' it shall be open to the Recovery Officer to decline to accept the highest bid. where the price offered appears to be unduly low or for other reason and provided 'also, that the Recovery Officer may in his discretion., adjourn the sale to specified day and hour recording his reasons for such adjournment. Where a sale' is so adjourned for a longer period than seven days. fresh notice shall be issued unless the defaulter consents to waive it. The sale shall be-held after the expiry of not less than, thirty. days calculated from the date on which notice of the proclamation was affixed in the office of the. Registrar and the place of sale shall be the village where the property to be sold is situated or such adjoining prominent place of public resort as may be fixed by the Recovery Officer.

(vii) A sum of money equal to 25 percent of the bid, shall be deposited by the auction purchaser with the Recovery Officer as soon as his bid is accepted and in default of such deposit, the property shall forthwith be resold.

(viii) The remainder of the purchase money and the amount required for the certificate of sale shall be paid within fifteen days from the date of sale :

Provided that the. time for payment of the cost of the stamp, may for good and sufficient reasons, be extended at the discretion of the Recovery Officer upto thirty days from the date

of sale:

Provided further that in calculating the amount to be paid under this clause, the 'purchaser

shall have the advantage of any set-off to which he may be entitled.

(ix) In default of payment within the period mentioned in clause (viii) , if the Registrar thinks fit, after defraying the expenses of the sale be for: forfeited to the Government and the defaulting purchaser shall forfeit all claims to the property or. to any part of the sum for which it may subsequently be sold.

Every resale of immovable property in default of payment of the amounts mentioned in clause (viii) within the period allowed for such payment shall be made after the issue of fresh proclamation in the manner and for the period here in before specified for the sale.

Where a decree-holder purchases the property, the purchase money and the amount due on the decree shall be set off against one another and the Recovery Officer shall enter satisfaction of the decree in whole or in part accordingly. Any surplus of the proceeds of the sale - after meeting decretal amount, expenses of sale and other incidental costs or charges shall be paid to the defaulter. .

Where prior to the date fixed for sale the defaulter or any person acting on his behalf or any person claiming an interest in the property sought to be sold tenders payment of the full amount due together with interest:.and other expenses incurred in bringing the property to sale, including the expenses of attachment, if any, the Recovery Officer shall forthwith release the property after canceling the order of attachment, if any.

(x)

(xi)

(xii)

340

98 Application to set aside sale on deposit:

(I) Where immovable property has been sold by the Recovery Officer, any person

either owning such property or holding an interest therein by Virtue of a title acquired before .

such sale may apply to have the sale set aside on his depositing with the Recovery Officer

. (a) for payment to the purchaser, a sum equal to 2 per cent of the purchase money,

and

for payment .to the decree-holder, the amount of arrears specified in the

proclamation of sale together with interest thereon and the expenses to

attachment, if any, and sale and other .costs due in respect of such amount

less any amount which may since the date of such proclamation have

been received by such decree-holder. .

(2) If such deposit and application are made within thirty. days from the date of sale, the

Registrar shall pass. an order setting aside the sale and shall repay to the purchaser the purchase

money so far as it has been deposited, together with the 2 per cent deposited by the applicant:

Provided that if more persons than one have made deposit and. application under . this rule,

the application of the first depositor to the Recovery Officer shall be accepted.

(b)

99. Application to set aside sale on ground of irregularity of fund

(1) At any time within thirty days from the date of the sale of immovable property, the decree-

holder or any person entitled to share in a rate able distribution of the asset or where interests are

affected by the sale, may apply to the Registrar to set aside the sale, on the ground of material

irregularity of mistake or fraud in publishing or conducting the sale

Provided that no sale shall be set aside on the ground .aforesaid unless the Registrar is

satisfied that the' applicant has sustained substantial injury by reason of such irregularity, mistake

or fraud.

(2) If the application is allowed, the Registrar shall set aside the sale and may direct a fresh

one.

100. Sale when to become absolute:

(I) On the expiration of thirty days from the date of sale, if no application to have the sale set

aside is made under rule 98 or 99 or if such application has been made and rejected, the

Registrar shall make an order confirming the sale:

Provided that if he shall have reason to believe that the sale ought to be set aside notwith-

standing that no such application has been made on grounds other than those alleged in any

application which has been made and rejected, he may after recording his reasons in writing

set. aside the sale.

(2) Whenever the sale. of any immovable property is not so confirmed or is set aside

the deposit or the purchaser money, as the case may be, shall be returned to the purchaser.

(3) After the confirmation of any such sale, .the Recovery Officer shall grant a certificate of

sale to the purchaser, specifying therein the property sold and the name of the purchaser at the

auction and bearing Recovery Officer's seal and signature.

'

. 341

(4) Such certificate shall be conclusive evidence of the fact of the purchase and no

proof of the sale or signature of the Recovery Officer shall be necessary unless the

authority before whom it is produced shall have reason to doubt its genuineness , ", , , ,

,

101. Delivery of possession

Where the purchaser of immovable property under the foregoing rules. is resisted or

prevented by any person other than the defaulter claiming to be in lawful possession of the ,

property'; from obtaining possession of the immovable property purchases, 'any court of

competent jurisdiction on an application and production of the certificate of sale shall cause the proper process to be issued for the purpose of putting such purchaser in possession

in the same manner as if the immovable property purchased has been decreed to the purchaser by a decision of the court.

102. Sale of immovable property to be proportionate to the amount due:

The Recovery Officer may sell the whole or any portion of the immovable property of a

defaulter in discharge of money due provided always that so far as may be practicable, on large portion of the immovable property shall be sold that may be sufficient to discharge the.

amount due with interest, and expenses of attachment, if any, and sale.

103. Private alienation of property after attachment. to be void:

Where an attachment has been made under these Rules, any transfer or delivery of the

property attached or of any interest therein and any payment to the defaulter of any debt, dividend

or other moneys contrary to such attachment shall be void as against all claims enforceable under

attachment.

Explanation:

For the purposes of this rule, claims enforceable under an attachment include claims

for the rate able distribution of assets.

104. Receipts for Payment of amount due:

Every person making a payment towards any money due for the recovery of which application

has been made under these Rules shall be entitled, to a receipt for the amount signed by the

Recovery Officer or other Officer empowered by the Registrar. Such receipt shall state the name of

the person making the payment and the' subjects matter in respects of which the payment is

made.

105. Investigation of claims and objections to attachment of property :

(1) Where any claim is preferred, or any objection is made to the attachment of any property

under these Rules on the ground that the property is not liable to such attachment, the Recovery

Officer shall investigate the claim or objection' and dispose it of on merits.

(2) ,Where the property to which the claim or objection relates; has been advertised for. sale, the

Recovery Officer may postpone the sale pending the investigations of the claim or objection.

106.

342

Determination of attachment

Where any property had been attached in execution of a decree ,but' by reason of the decree-holder's default, the Recovery Officer is unable to proceed further with the application for execution, he shall either dismiss the application or for any sufficient, reason adjourn the proceedings to a future date. Upon the dismissal of such application the attachment shall cease

Attachment in execution of decree of civil courts and rate able distribution of assets

Where assets are held by the Recovery Officer and before realization of such assets demand notices in pursuance of applications for execution of decree against the same defaulter -have been received from more than one .decree-holder and the decree-holders have not obtained satisfaction, the assets after deducting the cost of realization, shall be rateably distributed by the Recovery Officer among all such decree-holder in the manner provided in section 73 of the Code of Civil Procedure, 1908.

101.

108. Attachment before judgment:

(1) Attachment. of property prior to award or decree shall be made in the manner.

provided in the foregoing rules of this Chapter.

(2) Attachment made under sub-rule (1) shall not .affect the right existing prior to such

attachment, of those who are not parties to the proceeding in which the attachment was made, nor bar any person holding decree against the person whose property is attached. from applying for

the sale of property under attachment in execution of his decree.

(3) Where property is under attachment by virtue of the provisions of this rule and a

decree is subsequently passed against the' person whose property is attached, it shall not be

necessary to file an application for reattachment of the. property.

109. Arrest and detention:

(1) A judgment debtor may be arrested n execution of a decree at any hour and on any day, shall as soon as practicable, be brought before the Recovery' Officer and his detention may be in the civil prison or in the Central Jail :

(a) Provided that for the purpose of making an arrest under this rule no dwelling'

house shall be entered after Sunset and before sunrise

(b). no outer door of dwelling house shall be broken open unless such. dwelling house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access there to, but when the officer authorised to make the arrest has duly gained. access to any dwelling house he may break open the door on any room in which he has reason to believe that the judgment-debtor would be found

(c) if the room is in the actual occupancy of a. woman who is not the judgment debtor and who according to the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to' withdraw, and after allowing a reasonable time for her -to withdraw, and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest; and .

343

(d)Where the decree ,in. execution where of the judgment debtor is arrested is a decree for 'the

payment of money and the judgment debtor pays the amount of the decree and the cost of the

arrest to the officer arresting him, such officer shall at once release him.

(2) The Government 'may, by notification in the .official Gazette, declare ,that any person or class of

persons whose arrest might be attended with danger ,or inconvenience to the public shall not be liable -to arrest in, execution of a decree otherwise than in accordance with such procedure as

maybe prescribed by it in this behalf. (3) A judgment-debtor, who is arrested under this rule, makes an, application before the :Recovery

.officer expressing his intention to apply within one month before a court of competent jurisdiction to be declared an insolvent and. furnishes two sureties to the satisfaction -of the Recovery .officer to.

ensure his ,appearance before the Recovery .officer whenever required, may' be released. (4) In case a judgment debtor who is released under sub-rule (3) fail to apply for insolvency within

one, month or fails to appear before the Recovery .officer, the Recovery Officer may proceed to arrest and detain his sureties in the civil prison as though the sureties themselves 'are the judgment-debtors.

. 110. Prohibition of arrest or detention of women in execution of decree for money:

Notwithstanding anything in this Part, the Recovery .officer shall not order the arrest or,

detention in the civil prison of a woman in execution of a decree for the payment of money.

111 Detention and release:

where the decree is for the payment of a sum of money exceeding fifty 'rupees,

for a period of six months, and

in any other case, of a period of six weeks: Provided that he shall be released

from such detention before the expiration or the said period of six months or six

weeks as the case may be,

on the amount mentioned in the warrant for his detention being paid to the

Recovery Officer,

on the decree against him being otherwise fully satisfied, or

on the request of the person, on whose application he has been so detained

and if the Recovery .officer is fully satisfied that the decree was satisfied,

(iv) on the omission of the person, on whose application' he has been so detained, to

pay subsistence. allowance:

Provided also that he shall not be released from such detention without the order of the

Recovery .officer.

(2) A judgment debtor released from detention under this rule shall not merely by reason of

his release be discharged from his debt, but shall not 'liable to be rearrested under the decree in

execution of which he was detained in the civil. prison. .

(I)

detained Every person detained in the civil prison in execution of a decree shall be so

(a)

(b)

(i)

(ii)

(iii)

344

PART. IV

GENERAL

112. Procedure for recovery of sums due to Government:

The provisions of Part III shall apply in regard to the recovery of any sum due to the.

Government from a society or from an officer, former officer, member or past or deceased

'member of a society in pursuance of a demand issued by the Registrar or by any authority

competent to issue such demand including any costs awarded to the Government in 'proceedings

under. the Act as if the Government' were a decree holder and the society or officer, former officer,

member or past or deceased member of a society, as the case may be, was .a defaulter subject to

the following modifications namely

(I) The Registrar may, be his own motion, take any steps which he may deem suitable

in the matter of such recovery in accordance with the provisions of these Rules and

without any application having been made to him in that behalf under these Rules.

It shall not be necessary to' deposit any sum by way of costs as required by these

Rules.

It shall not be necessary for the Recovery Officer to give the decree-holder

previous notice.

It shall not be necessary to send a copy of the attachment notice to the decree-

holder.

It shall not be necessary to give notice of the proclamation of sale to the decree-

holder.

(2)

(3)

(4)

(5)

113. Recovery Officer not to go behind the decree and the certificate:

The Recovery Officer shall not go behind the decree or the certificate issued by the

Registrar. He shall not alter it nor shall entertain any objection as to validity or legality or correctness of the decree or the certificate under execution:

Provided that a decree passed against a person who was dead at the time of passing the

decree without bringing his legal representative on the record shall not be executed:

Provided further that where terms of a decree are ambiguous it will be competent for the

Recovery Officer to ascertaining its precise terms first before issuing any process for execution.

114. Questions relating to execution, discharge or satisfaction:

.(I) All questions arising between the parties to the arbitration proceedings in which award was

made or amount certified ‘to be recovered as arrears of land revenue and relating to execution,

discharge or satisfaction of the decision, award or order under execution shall be determined by

the Recovery Officer, executing the decree, award, decision or order.

(2)Where a question arises as to whether a person is, or is not be the legal representative of a

party, such question .shall he decided by the Recovery Officer, for the purposes of execution,

discharge or satisfaction of the decree,. award, decision or order .under execution.

'

345

115. Limitation for execution

A decree holder may make an application or applications. in succession for execution of his decree. , The 'Recovery Officer shall not refuse execution unless the application is

barred by article 136 of the Indian Limitation Act, 1963.

116. Execution by society under liquidation

(I) The liquidator shall take necessary action to get executed the decree in favour of a society in respect of which he has been appointed the liquidator, in accordance with the provisions of this

Chapter.

(2) Any order issued by the liquidator against any contributory shall .be executed in the manner prescribed in rules 86 to 90 provided that he shall not be required to deposit the

execution charges along with the application for execution.

117. Assistance and information:

A decree-holder applying to execute a decree shall give the Registrar and the Recovery Officer such information and aid as may reasonably be required.

CHAPTER IX

APPEALS AND REVISIONS

118 Procedure regarding appeals and application for revision:

(I) An appeal under sub-section (2) of section 98 or an application for revision under section

99 shall be either presented in person or sent by registered post to the appellate or revising authority.

(2) The appeal or the application for revision shall be in the form of a memorandum and shall

be accompanied by the original or certified copy of the order appealed from or sought to be revised.

(3) Every appeal or application for revision shall

(a) Specify the name and address of the appellant or applicant and also the

name and address of the respondents, as the case may be

state by whom the order appealed from or sought to be revised was made:

set forth concisely and under distinct heads, the grounds of objection to the

order appealed from or sought to be revised together with a memorandum of evidence

state precisely the relief which the appellant or the applicant claims; and

give the date of the order appealed from or sought to be revised

(b)

(c)

(d)

(e)

346

(4) Where an appeal under sub-section (2) of section 98 is preferred after the said expiry

of sixty days specified in sub-section (2) of the said section, it shall be accompanied by a petition

supported by an affidavit setting forth the acts on which the appellant .relies to satisfy the appellate

authority that he had sufficient cause for not preferring the appeal -within the said period of sixty

days.

(5) On receipt of the appeal or the application for revision, the .appellate ,or revising

authority shall as soon as possible examine it and ensure that

(a) the person presenting the appeal or the application has the locus standi to do so;

(b) it is made within the prescribed time-limit; and

(c) it conforms to all the provisions of the Act and these Rules.

(6) The appellate or revising authority may call upon the appellant or the applicant for

revision to remedy the defects, if any or furnish such additional information as may be necessary,

within a period of fifteen days of the receipt of the notice to do so.

If the appellant or the applicant for revision fails to remedy he defects or furnish additional

information called for within the said period, the appeal or the revision petition may be dismissed. .

(7) The appellate or the revising authority may before passing orders on the application

may call for and obtain from the parties connected with the appeal or revision such further

information as is necessary with reference to the examination of the records of enquiry or

proceedings.

(8) In the proceedings before the appellate or revising authority, legal practitioners

shall be entitled to appear to represent the parties.

(9) The appellate or revising authority shall on the basis of the enquiry conducted with

reference to the records examined pass such order on the appeal or on the application revision as

may seem just and reasonable.

(10) Every order of the appellate or revising authority shall be in writing and it shall be

communicated to' the appellant or applicant, to such other parties as in the opinion of that authority

are likely

to be affected by the a decision or order and to the officer concerned against whose order the appeal or the application for revision was made.

CHAPTER XII

MISCELLANEOUS

119 Forms of processes:

The forms of various. processes to be issued by any authority in exercise of its powers

under sub-section (i) of section 118 shall be those given in Schedule III and may be modified or

altered by such authority according to exigency.

(I) The following documents shall be treated. as public documents

(a) The Registration Register.

. (b) The registration certificate of a society.

347

(c) The registered by-laws of a society including registered amendments

(d)Any order -canceling the registration of a society. .

(e) Annual accounts of a society .audited by the. Registrar.

(f)Any decision of. the . Registrar or award of the Arbitrator

. (2) Without prejudice to the provisions of sections 123, 124, 12'8 and 131 of the

Indian Evidence- Act, 1872, all the public documents shall be open to inspection by any of the.

public on payment of a fee of Re 1 /.. for each occasion for any lawful purpose.

Special rule :

. (I) Notwithstanding anything contained in the Rules, the procedure laid down in sub rule ..

(2) shall apply to. society in which either .share. have been subscribed by the Government

of liability by way. of guarantee for borrowing exceeding fifty per cent of the work capital of the

society has been undertaken by the Government:

Provided that it shall not be incumbent upon such a society to follow the procedure

laid down in clauses (i) and (ii) of sub rule (2) if its working capital does not exceed. R.s100000 or it

does not have another society as its member.

(2) (i) Notice of all general body meetings shall be given to the Registrar .The Registrar

.may, of his own motion or on a reference made to him, declare the proceedings of the general

meeting as invalid, if he is satisfied that the meeting was held without proper notice or without all the

members receiving the notice for the meeting if the meeting was not conducted at the .appropriate

place and time.

(ii) No matter shall, except with the permission or direction or directions of the Registrar be

considered .either in a meeting of a general body or committee or in a meeting of any smaller body

set up under the bye-laws and without the agenda of the meeting being circulated to all members at

least fifteen clear days in the case of smaller body thereof and seven days in advance in other

cases.

(iii) Should a difference of opinion in respect of any matter arise between a nominated

member of the committee and other members thereof, the opinion of the nominated member shall

be recorded in the minutes of the proceedings of the meeting and the proceedings shall also be got

signed by the nominated member. The chairman, shall as soon as possible, make a reference to

the Government on the difference of opinion and seek its decision in the matter. If no such

reference is made within seven days of the date .of the meeting, the Registrar may, on receipt of a

report from a nominated member made a reference to the Government for obtaining its decision

which shall be final on the issue on which difference of opinion was so recorded. .

(3) In. a society in which shares have been subscribed by the Government the Registrar may,

after such inquiry as he may deem fit and after giving the person concerned a reasonable

opportunity of showing cause, remove any member of the committee who has been guilty of any

act or omission resulting in financial loss of the society.

122. Power to exempt from Rules:

The Government may, by general or special order, exempt any society or any class of

societies from any of the provisions of these Rules or may direct that such provisions shall apply to

such society or class of societies with such modifications and or conditions as may be specified in

the order.

121..

348

123 .Financing Bank to render banking services : (I) The financing bank shall render free of charge such banking services to the Registrar as he may

require to ,carry out the Purposes of the Act and the Rules. .

(2) Without :prejudice to the generality of the foregoing sub. rule (1).the financial

bank .shall render following banking services 'to the Registrar, namely

(a) maintenance of" Audit Fee Recovery Fund in which all receipts and

payments on account of audit fee leviable under the Rules .shall be recorded.

,(b)maintenance of Settlement and. Execution Expenses Fee Fund. in which

all receipts relating to. the fees leviable under Rules for settlement of disputes and

execution of decrees and the payment from the .Fund shall be recorded;

current account to be opened in the name of societies under liquidation to be

operated upon by the liquidator.

current account of the Recovery Officer for temporary credit of dues on 'account

of and payment to decree holder

current account of the Registrar relating to surplus funds. of society whose

registration has been cancelled. This account shall be called "Registrar

Cooperative Societies Liquidation Account

"Registrar Co-operative Societies Suspense Account'. -for keeping account of

unclaimed amount from the assets of society under liquidation and

Suspense Accounts of Societies under. registration.

(c)

(d)

(e)

(f)

(g)

(3) All the above Funds shall be administered by the Registrar ,in accordance with. the

Regulations contained in Schedule ll.

. (.4) The financing bank shall have no claim to the amount standing to the credit of the

above accounts and funds from time to time. The Registrar may. however, allow in his discretion

some service charges.

(5)The financing bank shall issue pass books separately for each fund and account and

shall supply the information of the transactions as may be required by the Registrar.

(6) The provisions of these Rule shall apply to all funds held by the financing bank

at the commencement of these Rules relating to deposits held by it under the above heads

114' Removal of Doubts:

If any doubt arises as to the interpretation of any of the provisions of these Rules the matter

may be referred to the Government for decision.

By Order

Secretary ,.

349

SIKKIM CO-OPERATIVE SOCIETIES RULES 1980

FORM 'A

Rule 3 (I)

Application for registration of a Co-operative Society under the Sikkim Co-operative .

Societies Act,1980

To

The Registrar of Co-operative' Societies

Government of Sikkim

Gangtok.

Sir,

I/We. the. undersigned being eligible to become members apply for the registration

of a co-operative society with .,. .. .. . . . . .. . . . . . . . . . . . .,.................... ... , .. .liability under the

title of. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. having its registered office at

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . taluk. . . . . . . . . . .-. .. . . . . . . . District. . .. .......

and its bye-laws.

2. We are enclosing four copies of the said bye-laws duly signed by us together with the

following documents:

3.

(a) a certificate from financing bank as required in sub-rule (i) (b) of rule 3;

(b), a list of persons who have contributed to the share capital together with the amount contributed by each of them and the entrance fee paid by them;

(c) a scheme showing the details explaining as to the economic soundness of the

society;

(d) a copy of resolution authorizing a member of the society to sign the application

on behalf of the society (in case the applicant is itself a registered society)

(e) A resolution (of the firm, company, society registered under the Societies

Registration Act, 1860, public trust or local authority as the case may be) duly

authorizing a person to sign the application on its behalf.

the name and address of the Chief Promoter to whom. correspondence

regarding registration or other matter may be addressed.

We also declare that the information given above, including that in the

enclosures is correct to the best of our knowledge and belief.

(f)

350 '

Signature :

Notes 5.

1 Chief Promoter 6.

2 7 8. 3.

4 9.

10

(a) .where all the applicants are individuals . not less than ten who have attained

the age of majority and are of sound mind and each being a member of a different family should attest the application and the bye-laws.

where the applicant is a society the application and the bye-laws should be

signed by a member duly authorised in this behalf by every such society ,and (b)

(c) where the applicants comprise of societies and individuals; by a member duly

authorised in this behalf by every such society and ten other members, or

where there are less than ten other members, by all of them.

SIKKlM CO-OPERATIVE SOCIETIES RULES, 1980

FORM 'B'

(RULE 4)

Register of applications for registration received

Additional /Joint/Deputy/Assistant Registrar.

Name of the proposed

society

in the office of the Registrar

SI

No Place, village,

'and District

Date of

receipt

Date of

Acknow

ledgement

How received

(by' post/ hand

delivery')

6 I 2 4 5 3 7

No. and date on

which additional

information is

called

.

.Prescribed day by Date on which No. and date of Name. and date Initial Remarks

which information information the report if any, of registration Order under

is called received sent to Government which regis- if the Society is tration is

not registered refused

- 8 9 10 11 12. I3 14

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

FORM 'C

( See sub-rule [I] of rule 10 )

of Co-operative Societies registered or deemed to be registered under the Act. Register

Part District

Registered

Sr. No.

Full name and address

of the society Area of operation

Date of Application

Registration No.

Class of Sub-classes

societies

as per rule.

1 2 3 4 5 6 7

Page No. and Initials of Date of winding Page No. and No. and date of . Initials of the Remarks

date of Govern- Registrar up by the date of Govt. cancellation officer authorised

ment notifying Registrar Gazette noti. by the Registrar

Registration fying winding up

to keep the register

8 9 10 II 12 I3 . 14

SIKKIM COOPERATIVE SOCIETIES RULES, 1980

FORM 'D'

( See Rule 36)

Name of the Co-operative Society: Address: Registration No.

Receipt and Expenditure Account for the year ending 30th June 19

(from I. 7 19 ............................... to 30. 6. 19......................... )

Receipts

Expenditure

1. Share receipts

2. Loans and deposits- by members

3. Loans and deposit from non-members,

4. Loans and deposits from Primary Societies

5. Loans and deposits from Government

6. Loans and deposits from Central Societies .

7Loans -and deposits repaid by members

8. Loans and deposits repaid by banks and

Societies:

(a) Banks

(b) Other Societies

9. Interest received

10. Sale of good to : (a) Members

(b) Non-members

11. Other Income

Total

Opening balance cash in hand

cash in Bank

Grand total

Rs. P. I. Share capital withdrawn

2. Members' deposits withdrawn

3. Loans repaid to -Government

4. Loans - repaid to Central societies

5. Loans repaid to other societies

6. Loans repaid to non-members

7. Loans granted to members (individuals)

8. Loans granted to bank and societies:

(a) Central Societies

(b) Other Societies

9. Interest paid on loans and deposits

-10. Dividend and bonus paid

111. Stock bought

I 2 . Purchase of :

13.

14.

I5.

(a) Members' Products

(b) Non-members' Products

Establishment and contingent charges

Other items

Carried to Reserve Fund

Total

Closing balance cash in hand

cash in -Bank

Grand Total

Rs. P.

Last years

figures figures

This ye

ars

figures .1

3

Rs. P.

4

Rs .P.

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

FORM 'E'

(See Rule 36)

Name of the Society: Address: .

Registration No.

Last years

figures

PROFIT AND LOSS ACCOUNT

for the year ending the 30th June 19

This years

Expenditure

R&.

2

P.

I . Interest

(a) Paid Rs

. (b) Payable Rs

2. Bank charges .

3. Salaries & allowance of staff

4 Contribution to staff

Provident Fund

5. Salary & allowance of Managing

Director

6. Attendance fees and Travelling

expenses of Directors and

Committee Members

7. Travelling expenses of staff

8 . Rent, rates and taxes

9. Postage, telegram and telephone

. charge

10. Printing & Stationery

Income

5

I. Interest received

(a) On loans and advances

(b) On investments

2. Dividend received on shares

3. Commission

4 Miscellaneous income

(a) Share transfer fees

(b) Rent

(c) Rebate on interest

(d) sale of forms

(e) Other items

Land income and expenditure

accounts

6

Rs. P.

1 2 . 3 4 5 6

Rs P

Rs. P. Rs. P.

11 Audit fees

12. (Contingencies) General expenses

I 3 . Bad debts written off or provision

made . for bad debts '

14. Depreciation on fixed assets

I5 Land income and expenditure

account

16. Other items

. 17. Net profit carried to Balance. Sheet.

Note: In the case of marketing societies, consumers' societies and similar

other societies have undertaken trading activities, the Profit and

Loss Account, shall be divided into two parts showing separately

the Trading Account and the Profit and Loss Account. In case of

producer societies, processing societies

forest laborers ,societies and other societies which have

undertaken production activities, the manufacturing account shall

also be prepared in. addition.

Rs. P.

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980 . FORM 'F' ( See rule 3 ) Balance sheet of Cooperative Society

Ltd., as .on 30th June, 19

Instructions in accordance, Figures for the previous year with which liabilities should be made out 1

Liabilities Assets

Figures for , the 'Current

Year

Figure Figures for Instruction in accordancefor the the current -nce with which assets

previous year

year should be made out

4- 5 6 2 3.

1. Contributed by Government and by co-operative societ-

-ties and different classes of individual ,members shall be shown separately. Terms of redemption or conversion of any redeemable preference shares should be mentioned.

II. (a) Statutory Reserve Fund and other reserves and 'funds shall be shown separately.

(b) Additions and dedu-ctions since last Balance sheet to be shown under each of the specified heads.

(c) Funds in the nature of reserves and funds created out' of any profits for specific purposes should. be shown separately. '

Rs.

,- Rs.

Share Capital: Authorised shares of Rs each. subscribed ( distingui-shing between the various .classes of capital and stating the particulars specified below in respect of each class.) Shares of Rs .each. Less.. Calls in

arrears. Add.. calls-in advance. I A. Subscription towards shares II. Reserve fund and other funds: ,

(a) Statutory Reserve fund (b) Building Fund. (c) Special development fund. (d) Bad and doubtful debts

reserve (e) Investment Depreciation

Fund. (f) Dividend Equalization

Fund. (g) Bonus Equalization fund. (h) Reserve, for overdue

interest. (i) Other funds. (specify)

Rs. Rs. I. Cash and Bank Balance (a) Cash in hand (b), Cash in Bank (i) Current Account '(ii) Savings Bank Account (iii) Call Deposit Account

II Investments:

(a)Government Securities

(b)Other Trustee Securities

(c) Non-Trustee Securities

(d) Shares of other co-oper

ative societies.

(e) Shares or Bonds

Companies registered

under the Companies Act

(f) Fixed deposits.

I. Fixed deposits and call deposits with State Coop. Bank and other ,approved bankers should be shown under the heading Investments and not under the heading" Cash and bank balance".

of

I. The nature of each invest -ment and the mode of valuation ( cost of market value) should be mentioned. If the book value of any security, is less than the market value a remark to that effect should be made against, each . item

1 5 6 2 3

II Staff Provident Fund and

any other insurance or

Bonus Funds maintained

for the benefit of the

'employees should be

shown separately.

IV. The nature of the security

should be specified in

each case where loans

have been granted by

Government or State Co

operative Bank.

A mention thereof should

also be made together

with the maximum

amount of such

guarantee loans from (I)

Government

(2) State Co-operative

Bank should be shown

separately.

V.

VI. Deposits from societies and

individuals should be

shown separately.

III. Staff' Provident Fund

IV. Secured Loans

(a) Bonds

(b)Loans, overdrafts and

cash credit from Bank

(c) Loans from Government

(d) Other secured loans

V. Unsecured Loans

(a) Loans, cash.. credits

and overdrafts from Bank

(b) From 'Government

(c) From others

(d) Bills payable

VI. Deposits

(a) Fixed deposits

(b) Recurring deposits

(c) Thrift or .Savings

. Deposits

(d) Current deposits

(e) Deposits at call

(f) Other deposits

(g) Credit balance in

each credit and over

drafts accounts

4

Ill. (1) Investment of Staff

Provident fund

(2) Advances against

staff Provident Fund.

IV. Loans and Advances

(a) Loans

(b) . Overdrafts.

(c) Cash credits:

(i) Against pledge of

goods

(ii) Clean (of which overdue

Rs.. .. .)

(d) Loans due by managing

committee members Rs-. ..

. .. . . . . loans due by

Secretary and other

employees

Rs. . . .

V.' Sundry debtors:

(I) Credit Sales

(2) Advances

(3) Others

VI. Current assets .

(I) Stores spare parts

(2) Loose tools .

(3) Stock in trade

(4) Work in progress

III Quoted and unquoted sec-

urities should be shown

separately.

IV. In case of banks and other

federal societies, loans due

by societies and individual

members should be shown

separately

V.

VI. Mode of valuation and

stock shall be stated and

the amount in respect of

raw materials, partly fini

shed and finished' goods

and store required for'

consumptions should be

stated separately. Mode-of

valuation.. of works in

progress' shall. be stated.

1 6

VII.

VIII.

IX.

X.

Xl. Contingent liabilities

which have not been provided

vide for should also be mentioned in

the balance sheet' by way of a

footnote.

2 3

VII. Current liabilities and

provisions:

(a) Sundry creditors (b) Outstanding creditor

(i) for purchases . (ii) for expenses

including salaries of staff, rent, taxes, etc.

(c) Advances, recoveries for the portion for

which value has still to be given viz. unexpired

subscriptions, premiums , commission, etc.

VIII. Unpaid dividends

IX.' Interest accrued due but

not paid

X. Other liabilities ( to be

specified)

XI. Profit and Loss Account Profit

for last year

Less : Appropriations: Add:

Current profits: .

4 5

VII. Fixed Assets.

(a) lands and Buildings

(b) Lease-holds

(c) Railway siding

(d) Plants and machinery

(e) Loose ' tools, 'tackles.

and other equipments.

(f) Dead stock

(g)Furniture -&-fitting

(h) Livestock

, (i) Vehicles, etc.

VIII. Miscellaneous expenses VIII.

and losses:

(I) Goodwill

( 2) Preliminary expenses

(3) Expenses connected

with the issue of shares

and bonds

(4) Deferred revenue IX.

expenditure.

IX. Other items :

(a) Prepaid expenses

(b) Interest, accrued

but not due

(c) Other items (to be

specified)

X. Profit and loss Account X.

Accumulated.

Losses not written off

from, the reserve or any

other fund.

XI Current Iosses.

VII Under each -head the

original cost and the

additions there to and

deductions -there from

made during the year

and the total depreciation

on written off or

'provided up to the end of

the year should be stated

XI.

SIKKIM CO-OPERATIVE SOCITIES RULES,1980

FORM 'G'

( See Rule 38 )

Register of members

Occupation.

7 . Age on the date of admission.

8. Full name and address of the person

nominated by the member under

section.

9. Date of nomination.

10. Date of cessation of membership.

11. Reasons for cessation.

12. Remarks.

I,. Serial Number.

2. Date of admission.

4.

5.

6.

Date of payment of entrance fee.

Full name.

Address.

'3 .

Date 1

Cash book Particulars of Shares held Total amount No. of Serial No.

folio Application Allotment Amount received on

received

1st call

2nd call

2 3 4 5 6 7

shares of shares

8 9.

Date Case book

folio

Particulars of shares held transferred or surrendered

Date Cash book No- of shares No of shares

folio Or transferred - transferred Balance

shares or refunded

transfer Serial No. No- of shares Serial No- Amount.

register of share held of Share

No- certificates certificates

-

13 14 15 16 17 18

10 I I 12

360

FORM H'

Declaration Under Section 43 - (I)

I son of or wife of (aged years) residing at

being desirous of availing myself of financial assistance from, the society make

this declaration as required by Section 43 (I) of the Sikkim Co-operative societies Act, 1978

that I, own/have interest as a tenant in the land of other immovable property specified below, and I, hereby create a charge on the said land or other immovable

property/interest therein in favour of the society for securing the financial assistance which the society has granted or may grant and for all future assistance, if any wbich the society may make to

me together with interest and costs and expenses thereon.

Name of

Village'

Name of

Taluka

Name of

District Survey No.

Plot Plot No

Hissa

Boundaries/ Area

South North Acres East West Guntha

Assessment

Rupees Paisa

Approximate

Value

Encumbrances, if any

Nature Amount Remarks

In witness whereof, I, Shri

hereunder set my hand this day of

in the year one thousand hundred and

Witnesses Signature of declarant

Signed and delivered by the above named in

the presence of :

I.

Attested by '2.

Forwarded with compliments to the village officer (*) with a request to include the particulars

of the charge created under the declaration in the Record of rights and to return the same to the

society for its record.

Manager I Agent.

Place

361

. Returned with compliments to the Manager/Agent

The charge created under the declaration is duly included in the Record of Rights on the

day of 19 .

Forwarded with compliment.. to the Sub-Registrar with a request to register the particulars of the charge created under the declaration in his record...

Manager/ Agent,

Place

Returned with compliments -to the Manager/Agent This

charge created under the declaration is duly registered. Village . Officer

Sub-Registrar

Input the name of the financing society/bank.

(1) put the appropriate authority. .

N. B. Strike. out whichever is not applicable.

(1)Put the appropriate authority. Also put appropriate description of

SIKKIM CO~OPERATIVE SOCIETIES RULES, 1980

FORM'T

(See sub-rule (2) of Rule -43)

Register of Declaration under Section 43 (I) of the Sikkim Co-operative Societies Act,

1978.

( Act No. of 1978 )

Sl. No. . Date of entry in Name of the Date of Name of village in the register member declaration which land situated

1 2 3 4 5

Description' of land as per declaration .

Particulars . Share as

per dec- in land

laration

Extent Remark.. Amount of Remarks if

loan suppli- any

ed/borrowed

Signature of Chairman/

Officers

6 7 8 9 10 1 I 12

362

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form J

( See sub-rule (9) of Rule 59 )

Rectification report on the audit/enquiry Report

Name and address of society

Period of audit covered date of audit

No. ..and date. of communication of

audit report / remarks

-~

SI No SI. No of objection in Audit enquiry

report

Observation made

by the Auditor / Enquiry Officer

Explanation of ,the society

No and date of the

resolution of

Committee

approving the reply

5 1 2

3 4

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form 'K'

(See sub-rule (I) of Rule 63)

Before Shri

Societies; Sikkim, Gangtok

Arbitration Case No.

Joint/Deputy/Assistant Registrar ,Co-operative

19

In the matter of reference of dispute under Section 72 of the Sikkim Co-operative Societies:

Act, 1978 (Act No. of 1978).

I.

2. 3. Claimant

Versus

I.

2. 3.

(Name, father's name, occupation and complete postal address 'of the 'Claimant and

defendants

. Claim

363

I. Facts showing that the matter in dispute falls within the scope of section 72 (1) and is

between the parties mentioned therein.

Facts showing that the reference is within time as provided under section 72 (4)

Facts constituting the cause of action.

Relief either simple or in the alternative which the claimant claims.

List of documents to be filed along with the claim:

(i) Copy of the resolution of the managing committee if the society is the

claimant.

(ii) Pay-in-slip for deposit of application fee with the financing bank.

(Claim will be divided in paragraphs consecutively numbered)

2,

3,

4

5.

Signature

Claimant through to

Verification from Societies Verified at Gangtok this

day of 19

that the contents of this claim are true to the

best of information and knowledge (derived from. the record of the society which are

believed to be true and kept in the regular course of its business).

For others Verified at Gangtok this

day of 19 - -- --

that the contents of above claim are true to

the best of my information .and knowledge believed to be true.

for Society Claimant

.- .-.--------

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form L

(See sub-rule (3) of Rule 67)

Arbitration Cases Register

-- -- ---..- Sl No. Date of institution of of the case the case

Name (s) of

claimant

Name (s) of

defendants Nature of

claim in brief

Date of Registrars

Order - ---"---------------------------------------- --.

'1 2

If admitted. date of re-reference to Arbitrator .

3 4 5 6 - ------------------- -

Brief decision of

Registrar Sign of Asstt..

Registrar

Name of Arbitrator

Date of decision by Arbitrator ..

-

7 8 9

Date on which the

certificate.

under section issued

10 II

Date of application for-issue of certificate for execution

Asstt. Registrar's

Signature -

-- -------------------------- ~

12' . I3 14

- ----------------- _.'------------------ -._

364

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

(See sub-rule (I) of Rule 85)

(I) That the defaulter who is a member/

past member/ deceased member of the claim-

ant society has to owe. to it a sum of

Rs... . . . ..:principal and Rs................................ '

interest till the date of application on account

of... .and that this, amount is still outstanding'

against him in ,the books of the claimant

society.

To

The Registrar

Co-operative Societies

Sikkim, Gangtok'

Application under. section 80 of the

Sikkim Co-operative Societies; Act, 1978

Case No................... . . ...

. . . . . . . . . . . . Claimant Society

. . Versus

. . .-. . . .. .. . .. . .. .. .. . . . ... . .

Defaulter

* It is now prayed that an order may be made directing aforesaid defaulter to pay aforesaid

amount to the claimant society with further interest at.. .. per cent per annum from the

date of this application .on the realization and other expenses for the sale as may be

assessed by the sales officer, failing which the. amount claimed should be paid out of the

sales proceeds of the property described in the annexed Schedule in accordance with the

provisions 'of the Act and the Rules.

Date: through Claimant Society

I, having been authorised by the Managing

Committee of . . . .

Cooperative Society Ltd., by its resolution

No. . . . . . . . ..dated the. . . . . . . . . . . . 19. . . a

copy of which duly certified signed as true

copy of the original is enclosed, submit

as under

Form M

(2) That the claimant society has ,acquired a

first' charge on the property described in the

Schedule annexed..........

herewith for repayment of, the' above

mentioned debt/outstanding demand against

the, defaulter, which belonged to him/formed

part of the . estate of deceased member in the

head of his legal representative.

(3) That the property described in, the

annexed schedule is Saleable under Section '80

of the Act.

Verification

Verified that the contents of this application

are true to the best of 'my knowledge' and-belief

and nothing thereon has been concealed or

misrepresented 'Verified

at Gangtok this ........ . . day of... . . . . 197

Signature '. . . . .. . . . . . . . . . . .. .

for Claimant Society.

365

ANNEXURE

Schedule, of -properties subject to charge under Section ,42 of the Act

Sl. No. Brief description

of the property

Name and address

of the person in

whose custody,

possession or

control

Place at which

the property is lying/deposited/

standing

Any other

information

. I declare that what is stated, in the above description is true to the best of my knowledge and

belief and .so far as I have been able to ascertain the interest of the judgment debtor in the

property herein specified.

Signature . ......

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form 'N'

( See sub-rule {3) of Rule 85')

In the matter of sale of property of the judgment debtor under Section 80 of the Sikkim Co-

operative Societies Act, 19J8.

Case No. 197 ~

Claimant Society

Versus

Defaulter

Demand for the recovery of a sum of Rs. .... .'~

Whereas the Claimant Society has applied to the Registrar for the sale of the property

described in the annexed Schedule in payment of a sum of Rs. as principal,

Rs. . . . . . . as interest upto the date of application, plus further interest at. . . . . .... per cent p.a. till realization and the cost of these proceedings, claimed to be due -by the 'defaulter to the Claimant Society. .

. 366

. .. And whereas it is claimed that the claimant has first charge on the property of the defaulter aforesaid. Now, in pursuance of the proviso to section 80 of the Sikkim Co-operative Societies Act, 1978 and the rules thereunder notice is hereby given to you to appear before the Sales Officer on the . . . ... ... . .day of .. .. . . 197 to show cause why the order under Section 80 of the Act should not be made. take notice that if you admit the claim or fail to . show cause against this demand notice on the aforementioned date and time, the amount now' claimed by the claimant Society should be paid within .seven days of receipt .of this notice by you with the Sales Officer failing which the property described in . the Schedule annexed should be sold -and the claim satisfied out of the sale- proceeds of. the property . according to rules.

Signature

SIKKIM CO-OPERATIVE SOCIETIES' RULES. 1980

Form 0

(See sub-rule (2) of rule 8'6)'

. . Application for the issue of -Certificate under proviso to clause (a) of section 81 of the Sikkim Co-operative Societies Act 1978

In the matter of Arbitration Case No. -" _. ... --,

.. ...--- Claimant

. Versus

'-"--'-' Defendants

. .

To

The Registrar,

Co operative Societies

Sikkim Gangtok "

Sir,

. .

The claimants have obtained an award against the defendants jointly/severally in the, sum

of Rs . .. . . . . as principal Rs. .. .. . . :. as interest upto- ... .. ..

.. ... .. .. ., and Rs. .. ... .. .. as cost totaling Rs. .. .. ...

with future interest .at .. . . .............. . . . . . per cent p.a. on the principal amount. till

realization

367

2. I The amount covered by the award is desired to be recovered as arrear of Land Revenue under

clause (a) of section 81 of the Act. A certificate under provision to this clause may .be issued to the

decree-holder to enable him to apply for the execution of the award through the Collector;

Place. . . . . . ( Full name and address)

Signature. . Date. .

SIKKIM CO-OPERATIVE OCIETIES RULES, 1980

Form 'P'

( See sub-rule (3) of Rule 86) ,

In the matter of Arbitration Case No. . .

Decree-holder(s)

Versus

Judgment debtor

Certificate

I hereby certify pursuant to provision to clause (a) of Section. 81 of the Sikkim Co-operative Societies Act, 1978 that a sum .of Rs. . . . . .. . . . principal plus Rs. .. .. . .

as interest upto . ... .. . .and

as cost totaling Rs. .. .. . . . . ..is recoverable from the judgment-debtor above named jointly and severally as arrears of Land Revenue according to the law for the time being in force in the State of Sikkim relating to recovery of land revenue.

'

Rs. ..

Given this . .day of . . . . .197 at Gangtok

Signature. . .. . ...

Seal. . . .'

368

SIKKKIM CO-OPERATIVE SOCIETIES RULES 1980

FORM 'Q'

(See sub-rule (4) of rule 86)

In the Court of Recovery Officer, Co-operative Societies, Gangtok :

Recovery Case No. ,19

(I)

(2)

(3)

(I)

(2 )

(3)

Decree holder

Versus

Judgment-debtor. .

In the matter of recovery of decretal amount as arrear:. of land revenue under clause

(a) of section 81 of the Sikkim ,Co-operative Societies Act, 1918.

Well here by apply for the execution of the-award details of which are given herein-after in

accordance with the law for the time being in force relating to the recovery of revenue.

We/I undertake to bear an expenses for the execution of this award as may be

assessed by the Recovery Officer :

Details of award

(I) Arbitration Case No.

(2) Date of award

(3) Whether any appeal preferred against the' award

(4) Payment or adjustment already made if any against the ,decretal amount

(5) Amount of word :with outer monetary relief granted the award

Principal Interest

upto . Cost on

Principal amount. .

Total ,Rs. ..

. Rs. ..

. . Rs.

.. Rs. . ...

. "

Future interest at . .. . . . . . .%P.A from.. ... ..

.till realization.

. .

369

('6) Amount certified by the Registrar to be recoverable as arrear of Land Revenue.

Principal

Interest upto ..

Colt

Total.

Future interest

%P.A.from

till realization of principal amount.

Rs. ...

Rs.

Rs.

Rs at. .

(7.)Previous . application, if any, with execution case No.

and results thereof. .

(8). Against whom to be executed.

(9) Mode of execution.

(1)Where 'attachment and sale of movable property (Details given in the

is required, (annexed Schedule)

(2) Where attachment and sale' of immovable - (Details given in the

property (annexed Schedule).

(10) Name of the person who would assist the executing officer on behalf of the decree , holder.

and date

We/I declare that whatever is stated above is true to our/my knowledge and belief. We/I also

undertake all bear, all legal expenses if in pursuance of the execution proceeding/ any legal proceeding are filed by any person 'against the Recovery Officer which have our I my authority to

defend them on our/my account... We/I also undertake that if execution' made by arrest or Civil imprisonment, We/I shall pay all the charge for subsistence and maintenance allowance for the

confinement/imprisonment of the judgment-debtor.

Gangtok '

Dated

Signature. . . . . . . . . . . . . . . . Decree-holder.

SCHEDULE

-When attachment and Sale of movable/immovable property is sought.

Name of. articles.

MOVABLE PRQPERTY

Name and address of the person in whose custody, person or Control.

IMMOVABLE PROPERTY (Given details below)

Well declare ,that what is stated above is true to the best of our/my knowledge and belief.

Signature. . . . . . . . . . . . . Decree-holder.

370

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

,(Notice to

FORM 'R'

(See sub-rule (3) of Rule 88)

show-cause why a payment or adjustment should not be recorded.)

Decree-holder

Versus

Judgment-debtor

.

Whereas the execution of the award in the above named case, the. judgment.-debtor has

,applied to the Recovery Officer that a, sum of Rs. . . ' .recoverable under the award has ,been

paid/adjusted to the decree-holder or of Court and that the same should be recorded by the

Recovery Officer as having been paid by the judgment-debtor' against the award being executed.

Now this notice is given to the decree-holder to appear before the Recovery Officer

on day of. 197 to show cause why the payment/adjust

ment aforesaid should not to be recorded as claimed by the judgment-debtor.

If the' decree-holders fail in this respect, an ex-pare order is liable to be passed.

Given under the hand the seal this day of .

Recovery, Officer.

. SIKKIM CO-OPERATIVE SOCIETIES RULES 1980

Form'S'

(See sub-rule (I) of Rule 91)

Application of execution under clause ,(b) of Section 81 of the Sikkim Co-operative Societies

Act, 1978 (Act of 1978).

To

The Registrar,

Co-operative Societies,

Sikkim, Gangtok

In the matter of .case No. 1

Decree-holder

2.

Versus .1

Judgment-debtor 2.

371

"We/I hereby apply under clause (b) of Section 81 of the Sikkim Co-operative Societies

Acts 1978 (Act No. of 1978) for the execution of the decision/award order details of which

3re given hereinafter arid a. certified copy of which is enclosed :

( 1 ) Arbitration case No.

(2) Date of decision/award / order.

.(3) Whether appeal preferred.

(4) Relief claimed.

(5) Against whom, to be executed

(Full names and addresses to be given)

. Mode of execution: (6)

(i) If execution is to be made by attachment or sale of movable or

immovable property of the judgment-debtor- give, full details and

the names of persons in whose possession and custody.

If by arrest and detention (specify the place where the judgement-

debtor shall be found).

Name of the person who assist the executing Officer.

(ii)

(iii)

Signature Verification and under orders Verified at Gangtok this day of 197 that the above statements

are true to the best of my knowledge and belief. I undertake to bear all expenses in execution of the decision/award/order.

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980 Signature

Form T

(See sub-rule (6) of Rule 91)

In the matter of execution proceedings under clause (b) of Section 8 1 of the Sikkim' Cooperative

Societies Act, 1978 (Act No. of 1978).

(I) Decree-holder Versus

Demand Notice Judgment-debtor. (I)

Whereas the decree holder applied to the Registrar, under clause (b) of Section 81 of the Sikkim Co-operative Societies Acts 1978 (i\ct No. of 1978) for. the execution of the award/order given in case No. (Certified copy of which is enclosed). .

And whereas the judgment debtor named above is required to comply with the decision/award/order mentioned above and has not so far complied with the same.

372

Now, in exercise of my powers, I call upon the judgment.-debtor to appear before me

on at in my office to show cause why the decision/award/order .

aforesaid should not be executed according to the provisions .of the Code .of Civil

Procedure, 1908 (Act No. V of 1908) by attachment of his property/by arrest or detention of the

judgment-debtor.

( Given under my seal and signature this .day of 197

. Signature

Seal

SIKKIM CO.OPERATIVE SOCIETIES RULES, 1980

Form U

(See sub rule (I) of Rule 93)

Before Shri Recovery Officer, Office of the Registrar.

Co-operative Societies, Sikkim,- Gangtok. Execution Case No.

Decree-holder.

Versus

Judgment-debtor

Warrant .of attachment of movable property in execution .of the decree. To

The Bailiff,

Whereas the judgment-debtor above named was ordered by decree dated the

passed by. in Arbitration Case No. to pay the

amount in the margin and whereas the said sum .of Rs'. has not been paid.

Decretal Amount Rs P. ..These are to command you to attach the movable property of ,(i)

(ii)

(iii)

(iv)

(v)

Principal the said judgment-debtor as set forth in Schedule here into

Interest annexed .or which shall be pointed out to you. by the decree

Costs holder or his representative or agent, and unless the said judgment

Cost .of execution debtor shall pay to you the said sum .of Rs.

Further interest together with Rs . the cost .of this attachment to

Total hold the same until further orders from the Recovery Officer.

373

You are further commanded to return this warrant on or before the

day of 197 with an endorsement certifying the day on which and the manner

in which it has been executed or why it has not been executed.

Given under my hand and the seal this day of 19

Seal

Recovery Officer. Schedule

Description of property

Seal

In whose custody.

Recovery Officer.

SIKKIM .CO-OPERATIVE SOCIETIES RULES, 1980

Form V

(See clause (IV) of Rule 93)

Form of Bond with .sureties for the production of the property at the place of sale in execution

of decree.

Decree-holder

Versus

Judgment-debtor Execution Case No.

Know all men by thee presents, that we (I) Slo

resident of (Judgment-debtor).. (2) S/o

resident of (surety NO.1) and (2) S/o

. (Resident of (Surety No.2 are jointly

and severally bound to the Recovery Officer in the above mentioned execution case in the

sum of Rs. 50 be paid to the-said Recovery Officer or his successor in office for

the time being. For which payment to be made we bind ourselves, and each of us, in the whole, we

and each of our heirs, executors and administrators jointly and severally these presents .

Dated this. day of

said Recovery Officer at Sikkim Gangtok.

197 signed and delivered to

Witness:

(I) Signature

(Name and address)

374

(2) Signature (Name and address)

(1) (Name and address)

Judgment-debtor

(Name and address)

Sign. Surety (1)

(Name and address)

Sign. Surety (2) (2)

Whereas in the above execution case the property given in the attached schedule has been

attached by the order of the Recovery Officer in the above execution case and whereas the said

property has been attached and left in the charge of the judgment-debtor above named and

whereas the said judgment-debtor is required and undertaken to produce the said property at the

place, date and time of the sale when called for by the order of Recovery Officer.

Now the condition of the obligation is such that if the above bounded judgment-debtor produces the said property in saleable and good condition on the date and place as may be

specified by the order.. of the Recovery Officer, then this obligation shall be void, otherwise it shall remain in full price and virtue.

Signed and delivered by the ,above bounded in. the presence of witness this

day of . 197 .

(I) Sign.-(1)

(2) Sign. (2) Sign. (3)

SIKKIM CO-OPERATIVE SOCIETIES RULES. 1980

Form W'

(See clause (XI) of Rule 93)

Execution Case No.

Decree-holder Versus

Proclamation for sale Judgment-debtor

Notice is hereby given under -clause (XI) of Rule 93 of the Sikkim Co-operative Societies Rules,

1980 that an order has been passed by the' Recovery Officer for the sale of the attached property

mentioned in the annexed Schedule in satisfaction of the -claim of the decree-holder in Arbitration

Case No. mentioned in the margin.

The sale will be by public auction and the property will be

day of

375

put to sale in lots. The sale will be of Relief claimed perty of the judgment-debtor.

In the absence of an order for postponement, the sale will be held by (Bailiff) at (time) on date at (place) for the amount of the relief claimed and specified in the margin and the cost of attachment or sale being tendered or' paid before the knocking down of a lot, the sale will be stopped.

At the sale the public generally are invited to bid either personally or by duty authorised agent.

Given under my hand and seal this

the pro

19

Schedule Recovery Officer.

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form X

(See rule 94)

Order to attach Salary of Public Officer or Servant of Railway or Local Authority. . Execution Case No.

Decree-holder Versus

To Judgment-debtor

Whereas Judgment-debtor) is'(Office of the Judgment-debtor) receiving

his salary and allowances at your hand or on your account and whereas

decree-holder in the said case has applied to the Recovery Officer of the attachment of the

salary and allowances of said Shri to th

extent of Rs. (decretal amount) due to him under the decree, you

are hereby required to withhold the said sum of. Rs. from the salary and allow

ances of the said Shri in monthly

instalments of Rs.. and to

remit the said sum or monthly installment to me.

Given under my hand and seal of the Court this of 19

day

Recovery Officer

I.

2. 3.

4.

5

6.

.7.

8.

9.

10.

11. 12.

13. 14.

I5. 16.

17. 18.

19. 20.

2 I.

22.

23.

24.

25

26.

27

28.

29.

30.

31.

32.

33.

376

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980.

Schedule I

(Rule 41)

Preservation and Destruction of Account Books and Registers

TO BE RETAINED PERMANENTLY

Cash Book

General ledger,

Loan Ledger,

(a) Short-term loan

(b) Long-term Joan

Ledger of shares or share Registers,

Ledger for. fixed deposits.

Ledger for savings deposits.

Ledger for Provident deposits.

Ledger for investments.

Ledger for Provident fund.

Ledger for Societies Reserve Fund.

Ledger for Societies Charity Fund.

Ledger -for ,Audit Fee.

Ledger for dividend.

Share Transfer Register.

Call Register of Shares.

Stock Book of forms and furniture.

Acquaintance Roll

Register for issuing cheque books.

Register for issuing pass book.

Register of specimen signatures of depositors and their nominees.

Register of member.

(a) Registrar of nominal Share-holder.

(b) Registrar of ordinary Share-holders.

Register of directors

Minute Book.

Register of officers and their services.

Register of organisation.

Register of liquidated societies. .

Register of office bearers of affiliated societies and their specimen signatures.

Audit Notes and audit statements.

Register of Pronotes.

Catalogue (library)

Register of letters received. Register of letters issued. Lists of record destroyed from time to time.

3. 4. 5. .6. 7 8.

.9 10.

11

12.

377

TO BE RETAINED FOR 6 YEARS

1 2.

Register- of disputed . cases. Register of court Fee .

Ledger. for suspense deposits. Ledger for temporary deposits.

Register of Bills of Contingent, Register. Collection Register.

Register of assessment of normal credit of members. Notice book of directors' meeting.

Visitors' Books. Office Order Books.

Receipt Books (containing counterfoils) Vouchers...

TO BE RETAINED FOR 3 YEARS

I.

2. Budget estimates.

Returns and. Statements. Service Book.. of Officers.

Register of inspection of affiliated societies. Register of Rectification Reports.

.Register of Property and debt statements.

3

4.

5.

6.

TO BE RETAINED FOR 2 YEARS

1. 2

Casual Leave Register.

Attendance Register. Register of payment of travelling allowance.

Register of noting dates of withdrawal of deposits 3. 4

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980.

Schedule II

(Rule 67 (5)

'Regulations regarding the Recovery and Deposits of fees for the Services to be tendered by the

Registrar to the Co-operative Societies and their members.

Short-title and application:

(1) These Regulations may be called the Fee Recovery and Deposit Regulations, 1980

'(2) These regulations shall apply to an the Co operative Societies registered or deemed to

be registered under the Sikkim Co-operative Societies Act, 1978 and the members, ' past members,

heirs, legal representative, nominees of the deceased members, agents and servants of the Co-

operative Society and the. staff paid out of this fund defined under Regulation No.3.

I.

378

2. Definition

Words and expressions defined in the Act and the Rules and used in these Regulations shall have the meanings assigned to them in the Act. . .

3. Creation of'. 'Settlement and Execution Expenses Fund"

(I) The Registrar shall create a fund entitled "Settlements and Execution Expenses Fund" (hereinafter called the fund( which shall be administered and operated by him. All fees realizable under the-rules on reference of disputes to the Registrar under section 72 and proceedings under Section 80 and 8 I shall be paid into this fund and ,the expenditure on the pay and allowances of bailiffs, process servers and other staff required to man the .execution/ agency and payment of fees to arbitrators and other contingent expenditure relating to reference of disputes under Section 72 proceedings under section 80 and 8 I shall be defrayed out .of this Fund. . .

4. Staff paid out of the Fund

The Registrar may appoint any number of bailiffs and other categories of staff required to maintain an efficient agency of recovery of dues of co-operative societies and its members past

members, their agents and servants .Registrar will-be competent to prescribe their qualifications conditions of service, .the target of :recovery. to be achieved by them and the scale of their .salary

and allowances . Registrar will .be the appointing and disciplinary authority for such staff The powers of disciplinary authority may. however, be delegated by him to any officer subordinate to

him. When the disciplinary authority is not the ,Registrar himself, all appeal:; against the orders of the disciplinary authority shall lie to him and his decision in appeal shall be final. When the

disciplinary authority is the Registrar himself, the appeal shall lie to another officer to be appointed by the Government.

. (2) The service of staff paid out of the fund and under the Registrar shall not be Government service. however any person appointed and paid out of this Fund shall be deemed to

be a public servant within the meaning of ,section 2 I of the Indian Penal Code.

(3) Any person appointed and paid out of this fund shall have to enter into an agreement.

on non-judicial stamp payable by him which shall be his contract of service.

5. Operation of Fund

(1) The Fund shall be kept in the Sikkim State Co-operative Bank Ltd. All payments

from this Fund shall be made by cheques which may be signed by any officer who may be

authorised by the Registrar.

(2) Payment into the Fund can be, made by any body who desires to make the payment.

The said Bank shall accept the deposits from any person and credit the same to this Fund.

(3) The State Co-operative Bank shall supply to the Registrar or any officer authorised

by him the monthly details of all deposits into and payments from this fund and the balance

standing at the end of each month,

6.

'379

Maintenance of other Accounts by the Bank

The Sikkim State Co-operative Bank shall maintain any other accounts as may. be 'directed by the Registrar in connection with securing the purposes of the Act and the Rules. 'These

accounts shall be operated by the Registrar or any other officer authorised by him.

7.

Creation of Audit Fee Fund

(1) The Registrar shall create fund called the "Audit Fee Fund" which shall be admi-

nistered by the Assistant Registrar (Audit) and maintained with the Sikkim State Co-operative Bank

Ltd.

(2 )All the Co-operative societies shall .deposit audit fee in this fund as may be assessed

against them from time to time.

(3) The bank shall submit a statement every month to the Assistant Registrar (Audit) in

the following form so as to reach him by 5th of every month following the month to which the

statement relates:

Date of deposit. Name of the Society . Amount deposited

(4) On receipt of the above statement, Assistant Registrar (Audit) shall record the

payment in relevant accounts of the Society and draw a cheque for, the amount representing the. total of all the amounts shown in the above monthly statement in favour'. of the Registrar, Co operative Societies and send it to the Cashier of his office for deposit into Government Account.

Form 1

Form

Form

Form

Form

Form

Form

Form

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980 Schedule Ill

(See Rule- 119)

Summon in arbitration proceedings to the defendant to answer claim.

2 Summon to legal representative to be-added when defendant dies during pendency

of arbitration proceedings.

3 Summons for attendance/production of record in any enquiry/inspection/arbi

tration /liquidation.

4 Proclamation requiring attendance/production of record.

5. Warrant of attachment of property.

6 Warrant of Arrest.

7 Warrant of Committal to Civil Imprisonment.

Order of release from Civil imprisonment. -8

380

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form 1

Summons for disposal of claim under Section 72 of the Sikkim Co-operative Societies Act 1978 .

Arbitration Case No.

Versus

Defendant To

. Whereas a dispute under Section 72 of the Sikkim Co-operative Societies Act, 19 (Act No. of 1978) has... been referred against you for a copy of which

is enclosed, you are hereby summoned to appear before me (Designation of the Officer) in room No. on (Date) at: (Time) to answer all material question

relating to the dispute. You may be accompanied by a person able to answer all such questions. As the date fixed for your appearance is appointed for the final disposal of the suit you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defense.

Take notice that, in default of your appearance on the day before mentioned the matter will be heard and determined in your absence

Give. under .my hand and seal this

day of 197

Signature

(Seal of Office)

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form 2

Summon to legal representative of a deceased

Arbitration.. Case. No.

defendant.

Claimant

Versus

Defendant To

Whereas the claimant referred a dispute for decision under Section 72 of the Sikkim Co-

operative Societies Act... 1978 (Act, No. of 1978) against the defendant and whereas the

claimant has referred to me that while the dispute is pending, the defendant has since deceased

and made an application alleging that you are the legal representative of the said deceased, and

desiring that you be made the defendant in his stead.

381

You are hereby summoned to attend the proceedings pending before me on

(date) at (time) at

(place) to defend the said proceedings and in default of your appearance, the said dispute

will be heard and determined in your absence.

Given under my. hand and seal this day of 197.

Signature .

(Seal of Office)

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form 3

Summons to Witness

In the matter of Enquiry under Section 66/Inspection under Section 67/Arbitration proceedings

under Section 72/Liquidation proceedings under Section 75 of the Sikkim Cooperative Societies

Act, 1978 (Act No. of 1978) (in names of the societies/names of parties)

To

Whereas. your attendance is required in the Enquiry/Inspection Liquidation/Arbitration

proceedings pending 'before me.

Now in exercise of my powers under Section 108 of the Sikkim Co-operative Societies

Act, 1978 (Act No. of 1978) you are hereby required personally to appear before me

on the (date) at (time)at (Place) and to bring

with you the record and documents mentioned in the annexed list. If you fail to comply with this

order without lawful excuse, you will-be subject to consequence of non-attendance laid down in

Section 32 and rule 12 of Order XVI of the Code of Civil Procedure, 1908.

Given under my hand and seal this day of 197

Signature

(Seal of Office)

382 , .

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

FORM 4

Proclamation Requiring Attendance

, Whereas an Enquiry under Section 66/Inspection under Section 67/Arbitration under Section

72/Liquidation under Section 75') of the Sikkim Co-operative Societies Act, 1978

(Act No. of 1978) is pending.

And whereas it .has. been made to appear before me that the summons issued to Shri

to appear, before me and to produce documents could not

be served upon him in the manner prescribed by law, and whereas it appears that the evidence

and record/documents required of him are material and he absconds and keeps out of way for

purposes of evading the service of ;the summons. this proclamation is issued requiring the attendance and production of record before me on (date) at

(time) at (Place) and from

day to day until he shall have to depart and if the aforesaid person fails to attend or attends but fails

to produce the required records on the date and hour aforesaid, he will be dealt with according to law.

Given under my hand and seal this

197.

day of

, Signature

(Seal of Office)

SIKKIM CO-OPERATIVE SOCIETlES RULES. 1980

FORM 5

Warrant of attachment of witness (Order 16 rule 10 Code of Civil Procedure, 1908)..

In the matter of

To

The Bailiff Whereas Shri has not, after the expiration of the period limited in the proclamation issued for his attendance/production of record, appeared/produced record before me, you are hereby directed to hold under

383

attachment the property belonging to the said Shri to the value of

and to submit a return accompanied with an inventory thereof within days.

Given under my hand and seal this day of 197

Signature

(Seal of .office)

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form 6

Warrant of Committal

( Under Order 16 rule 10 of Code of Civil Procedure, 1908) in the matter of Enquiry under

section 66 /lnspection under section 67/ Arbitration under section, 72./ liquidation under Section '75 of the Sikkim Co-operative Societies Act, 1978 (Act No. of 1978)

Whereas Shri has been duly served with a summons

but failed to attend or attended but failed to produce the record/absconds and keeps out of the way for purpose of avoiding service of the summons;

. You are hereby ordered to arrest and bring the said Shri

before me.

Your are further ordered to return this warrant on or before the

day of 197 . with an endorsement certifying the day on and the

manner in which it has been executed or the reasons why it has not been executed.

Given under my hand and seal this,

197

day of

Signature

(Seal of Office)

384

SIKKIM CO-OPERATIVE SOCIETIES RULES 1980

Form 7

Warrant of committal

(Under Order 16 of Code of Civil Procedure, 1908)

In the matter of Enquiry under Section 66 / Inspection under

Section 67 / Arbitration under Section 72 /

Liquidation under Section 75

No of 1978)

To

of the Sikkim Co-operative Societies Act, 1978 (Act

The Officer-in-Charge of Jail at Whereas Shri

whose attendance for evidence/production of record

which is material in 'the proceedings pending before me, has been arrested and brought

before me in custody and whereas said Shri failed

to produce documents and his evidence cannot be taken, and whereas said Shri

bas been called upon to give security to my satisfaction for his appearance/production of

record/documents on day of 197 which he has

failed to do

This is to require you to receive the said Shri

into your custody in Civil Prison until further orders from me. .

Given under my hand and seal this

197 day of

Signature

'(Seal 'of 0ffice)

SIKKIM CO-OPERATIVE SOCIETIES RULES, 1980

Form 8

Release order under Section of the Act in the Court of ..

District

Case No. Year 19

385

The Superintendent of Jail

Name of Judgment-Debtor

Caste. .

.. ... ..son of

Shri.. . ..'... Village/Tehsil. .

Whereas the above' named who was sent to the civil imprisonment for non payment

of dues by, this Court on. .. has made the payment or has given

surety and /has asked' for exemption from payment for ..days, as such he may not be kept under

your custody now. .

order. Therefore, you are hereby ordered to release the said person on receipt of this

Given under my hand and seal of this Court.. .. .. .. day of ... ... . .. ... .. ... ... ... I 9

Signature

Collector Grade I/lI

(Seal of Office)

.

387

THE SIKKlM WEIGHTS AND MEASURES RULES, 1983

Please: read the Sikkim Weights and Measures Rules 1984 instead of 1983

In exercise of the powers conferred by subsection (1) of section 69 of the Sikkim Weights

and Measures Act, 1980, the state Government hereby makes the following rule's namely:

I. Short Title and Commencement:

2.

(I)

(2)

These rules may be caned the Sikkim Weights and Measures Rules,. 1984

They shall come into force on such date as the state Government may, by

notification, appoint and different dates may be appointed for:

different. provisions of these rules or

different areas or

different classes of activities.

(a)

(b)

(c)

Definitions :

(I)

(a)

(b)

(c)

(d)

In these rules; unless the context otherwise require

"Act" means the Sikkim Weights and Measures Act, 1980.

'article" means anything which is. the subject matter of trade or commerce

manufacture or merchandise and includes agriculture product;

"capacity" in reference to measuring instrument means the maximum length or

maximum volume of article which it is constructed to show or contain

"correct" in reference to ,a weight or measure or weighing or measuring instrument

means correct within the limits of error specified in the Schedule

"form" mean; a form appended to these rules

"label" means any written, marked, stamped, printed or, graphic matter affixed to, or

appearing upon my commodity or package containing many commodity

. .

. "person" includes a Body of individuals, firm, corporation, partnership company

,association, society or union and director, manager. agent, employee or lessee of the

corporation; company, firm partnership, .association, society or onion;

(e) (f) .

(g)

(h) "Reference Standard" means the sets of Standard Weights Measures referred to in

section 12 of the Act:

"Schedule" means a Schedule appended to these rules;

"Secondary Standard" means the sets of Standard Weights and Measures

referred to in section 13 of the Act: .

"Working Standard means the sets of Standard Weights and Measures referred to in

section 13 of the Act.

(i)

(j)

(k)

All words and expressions used and not defined in these rules but defined in the Act and the

Standards of Weights and Measures Act, 1976, shall have the meanings respectively assigned to

them in the Act and the Standards of Weights and Measure. Act, 1976.

388

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

2. Reference Standards

'

The Secondary Standards shall be kept in iron safe in the custody of the Controller at Gangtok "

,',' 3. Secondary Standards:

(1) The Secondary, Standards shall conform as regards ,denominations

material used, in construction and 'design to the specifications' laid down in Schedule 1:

'The Secondary Standards shall be ,kept in such custody as the Controller may

direct . " " '.. .

The Secondary Standards shall be verified ,with the Reference ,Standard at least

once in every period of five years adjusted ,if necessary and .marked with date

of' verification by the, Controller The limits of error "which may be tolerated in the Secondary' Standards on verification or reverification after adjustment ..shall be as specified in Schedule 10'

.' '

(2)

(3)

(4)

4 Working Standards

(I) The 'Working Standards' shall conform as regards denominations material

used in construction and design to the specifications. laid down in Schedule ll.

(2) The Working Standards shall be prepared at such place and authenticated by

such person or .authority as' may be specified by the State Government- from

time to time.

The Working Standards shall be kept in, the custody of the Inspectors in suitable wooden

boxes. . ' (4) A Working Standards. shall be verified with the Secondary "Standards at least

once every twelve months .adjusted in necessary and stamped with the ,

date of verification by, the Controller 'or such. other person as may be

authorized by him in this behalf.

The limits of error which may be tolerated in the working standards on verification or

reverification after- adjustment shall be so; specified- in schedule II

, (3)

(5)

5. Secondary Standard Balances:

' ~

(I)

(2)

(3)

A set of Secondary Standard Balances shall be 'maintained at every place where

the Secondary Standards are kept.

The number, types and specification of such balance, shall be as laid down in

Schedule III.

The Controller shall cause to be verified such, balance.. at least: once in every

twelve months and shall cause them to be adjusted, if necessary to make them

correct within the' limits of sensitiveness and to have them stamped with,. the,

date of verification. .

389

THE SIKKIM:WEIGHTS ANDMEASURES RULES, 19'83.

6. Working Standard Balance : "

(I ),

(2 )

(3)

The Controller shall supply to every Inspector a set of Working Standard Balance

with each set of, working standard.

The 'types and specifications of such balance shall be laid down in Schedule IV " ", ' The Controller shall cause to be verified such balance by' the Deputy Controller or Assistant Controller at least once. in every twelve months and shall cause them to

be adjusted, if necessary, to make them' correct within the limits of sensitiveness and

to have them stamped with the date of verification.

7. Commercial Weights and Measures :

Commercial Weights and Measures of length and capacity shall conform with; regards denominations, materials used in construction and design to the specifications laid down in

Schedule

8. Weights or Measures and Weighing and Measuring Instruments:

Weights (1) save as otherwise 'provided 'in these rules, every weight intended to be used :

(a)

(b)

(c)

in any transaction; or

for protection; or

for industrial production

Shall conform as regards denominations, dimensions, configuration, constructional

details, and material used in construction to the specification laid down in Schedule VI and VII

(2) The tolerances on dimensions and maximum permissible, error in respect of

such weight shall be such as are specified in the said Schedule.

Nothing in this rule shall apply to the product at an industry which is required by or

under any law for the time being in force, to conform to any other specifications with

regard to the matter's specified in sub-rule (1) or sub-rule(2) if, under such law, the

product is required to-conform to the specifications laid down by the "International

Organisation of Legal Metrology with regard to the matter aforesaid.

(3)

9. Use for Bullion weights and Carat Weights

(1)No weight other than bullion weight .shall ,be used in any transaction in bullion trade.' . .

(2)No weights other ..than carat weight shall be used in any transaction involving of precious stones.

390

SIKKIM WEIGHTS AND, MEASURES RULES, 1983.

'10' Carat Weights :

. (I)Every carat weight shall conform as regards denomination dimensions configuration;

constructional. details and material used in construction to the specification laid down in Schedule

V. .

(2) The. tolerances on dimensions and maximum permissible errors in respect of of ,carat weight

shall be as is specified in the Schedule-V.

. 11. Measures (.other than measuring instruments)

(I)

(2)

(3)

(4)

Every measure intended to be used for

any transaction, or

protection, or

industrial production,

Shall conform,. as regards denomination dimensions, configuration, constructional details, and materials used in construction, to the corresponding specifications laid down for such measure in Schedule VI and VII

(2) The tolerance on dimension and maximum permissible error on such measure shall as is specified in the corresponding specifications laid down for such measure in the said Schedule, :

12. . Weighing and Measuring instruments :

Every. weighing instrument intended to ,be used

(a)

(b)

(c)

in any transaction or

for protection

for industrial production.

Shall conform; as regards metrological. characteristics and, qualities, configuration, constructional details and materials used in construction to. the specification laid down in Schedule VI and VII .

Provided that, for a period of five years from the commencement of these rules, it shall be

lawful to make or manufacture any weighing instrument in accordance with the provisions of .the

said schedule and every. weighing instruments made ,or manufactured during the period aforesaid

in accordance .with the :provisions of the said Schedule shall so long as such instrument. lasts, be

deemed to have been lawfully made or manufactured in accordance ,with the provisions of these'

rules.

391

THE SIKKIM WEIGHTS AND MEASURES RULES 1985

(2 ) Every measuring instrument to be used

'(a), in any transaction; or

(b) for protection; or

(c) for industrial production.

Shall conform, as regards metrological characteristics and qualities, configuration, cons

tructional . details and material used in, construction to the corresponding measuring

instruments in Schedule VII.

, (3)The tolerances on dimensions and maximum permissible errors on such weighing or

measuring instruments shall be such as specified in the corresponding specifications laid

down for such weighing or measuring instruments in Schedule VI or as the case may be, in

the VIIth Schedule. . .

13. Beam Scale in Trade or Commerce transaction.

Every person who uses a beam scale transactions for trade or commerce ,in the. premises shall

suspend the same to a stand or to a chain by- a hook

Provided that this rules shall not apply to hawkers and persons for doing any trade on

Periodical bazaars or hats.

Provided further that if the State Government is satisfied that the requirement of this

. rule cannot be immediately complied with by any ,other class of person, the state Govern.,

ment may, by notification in the official Gazette, exempt such class of persons from the pro

visions of this rule for such period-as may be specified in such notification.

14. Transactional provisions .

. Weights, measures and weighing instrument, which do not conform to the requirements .of

these rules but which conform to the rules for the time being in force immediately before the

commencement of these rules shall continue so long as use of such weights measure and

weighing and measuring instruments is permitted under the standard of Weights and Measures

Act, 1976 ,

15. Place and Custody in which the Reference Secondary Standard and Working Standard shall be kept.

(I) Reference standard The reference standards shall be kept in iron ,safe in the custody

of the Controller. .

'(2) Secondary Standard The 'Secondary standards shall be kept at such place, in such

manner in such custody as the Controller may direct.

,(3) Working Standard The Working standards shall be kept in suitable wooden

boxes 'in the custody of the inspectors.

16. Licensing of manufactures, repairs and dealers of Weights, Measures etc:

(I) 'Every manufacturer or repairer' of, or dealer in weights, measures, weighing. or

measuring instruments shall apply to the Controller In forms set out in Schedule XIII and shall obtain

a licence from him in form the set out in' the said Schedule and .the license shall apply in, the from

set out in the said Schedule' for renewal of the same .at least 'one month before its expiry and if he

fails to do he shall within one, month of the date of' expiry surrender it to the Controller.

392

THE SIKKIM WElGHTS AND MEASURES RULES 1983

(2') The 'Controller may by order, refuse to grant or renew the licence or suspend or cancel

the. licence of a manufacturer or repairer of, or dealer in weights, measures weighing instrument

measuring instruments on the ground of want of proper and adequate workshop facilities or staff or

in competency or failure, to comply with any 'provision of the Act or these rules

Provided that .no such' order shall be made without giving the aggrieved person on

opportunity of stating his case. .

17 . Terms and Conditions for grant of license or renewal of licence

, Conditions ,limitations and restrictions subject to which a licence may' be granted

or renewed shall be such as are contained in the form set out in Schedule XIII The licence

shall be valid for a period of one year.

(2} The fees payable for such licence and its renewal shall be as specified' in Schedule

provided that after 10 days .of expiry of the license, in. addition to fees chargeable as

aforesaid, an extra fee at rates equal to half the' rate prescribed the said Schedule shall be

charged, if renewed within 30 days of the date, of expiry. After 30days of expiry of licence

extra, fee equal to the licence fee' shall be charged for period of one month subject to

maximum of five times 'of the licence fee.

,(b) A 'rebate of 5' per ,cent of the licence fee shall be allowed, if licence for five years

is taken at a time.

(3) (a) The fees payable for a duplicate copy of such license shall-be equal to 10,percent of

the fees specified in schedule XIV.

(b) The fee payable for testing of samples of weights, measures weighing' or 'measuring instruments ,shall be rupees one hundred only for each class of weights, measures or

weighing or measuring ,instruments.

(4) The Controller or the officer- authorised by the state Government under sub-rule (1) may, by order, refuse to grant or; renew the license or suspended or cancel the licence of a manufacturer or repairer of, or dealer in, weights., measures, weighing or measuring instruments on -the ground of Want of proper and adequate workshop facilities or staff or in competency or failure to observe and provision of the Act or these rules;

'Provided that no such order shall be made without giving the aggrieved person an opportunity of.

being heard in person or through an agent

(5') The Controller shall maintain a Register of licensed manufactures, repairers and dealers in . the form set, out in Schedule XV.

(6) Every repairer or dealer who has been granted a licence, under 'these rules shall on demand by an officer appointed under section 5 of the Act 'by any other officer-authorised in this behalf by the state Government 'produce the licence for inspection and in case 'the same is not readily available 'for production 'on demand ,he may produce, it, at' such hour and'

place, as 'may' be specified in this behalf in ,writing by-such officer , within seven days of the demand.

18 Security Deposit The Controller may require every repairer to furnish to the State Government security of a sum of Rs 100/in cash under proper head of the Government to enable it to compensate any owner of weight or measure for any loss or damage occasioned by such repairer

393

.

19.Sale.of Weights or Measures by user

A user can sell such weight or measure of such description' as specified ‘in Government notification in this behalf ... 20. Disposal of Weights or Measures : Where any weight or measure is disposed of by way of auction under sub-section (5) of Section .17 of the Act, the sale proceeds thereof shall after deducting the expenses incurred

with respect to conducting such sale by auction and that the amount . if. any , 'due to the State

'Government, be paid to such licensee whose licence .has been cancelled.

22. Periods within which weights or measures shall be verified :

,(1) All weights' measures and- weighing and measuring instruments used, or intended

to be used ,in transaction for trade 'or commerce shall be verified and stamped in accordance

with the Act and these .rules at least once every year.

. "Provided that a year shall be deemed to consist of four quarters of which 1St quarter shall be of

the months of January, February and March 2nd quarter shall consist of the months of July, August.

and. September and 4th quarter shall consist of the months of October, November and December.

, Provided further that when any verification is done in 1st quarter, 2nd quarter, 3rd quarter 4th

quarter it shall expire on the following 31st March. 30th June, 30th September. and 31st December

respectively.

(2) Notwithstanding anything contained in sub-rule (I) any weighing measuring instrument

which has been verified and stamped -in shall it is removed and re-erected before the expiry of

the period referred to in that sub-rule shall be verified and stamped in accordance 'with the Act

'and these Rules on such removal and re erection.

23. Step to be taken for verifying any weight or measure: , . , "

(I) An 'Inspector shall visit at a reasonable time every factory 'and other places in the

area under his charge where weight, measures and weighing and measuring instrument are

used,. or, kept for use for transaction for trade or commerce, for the purpose of verifying the same at least once during the period specified in rule ,22 and may also, from time to time;

make such inspection as he may deem necessary. .

21 Records and Registers to be ‘maintained by person. referred to in section 20-Every manufacturer or repairer of or dealer in, weights measures or weighing. or measuring instruments shall maintain such .records in . such form and. submit such returns to such officer as the Controller may, subject to the orders of the State Government, direct from time to' time.

394

THE SIKKIM' WEIGHTS AND-MEASURES RULES, 1983

(2) Every person using weights, measures or weighing or measuring instruments in

-transaction for trade or: commerce shall present such - weights or measures or weighing or

measuring instruments for 'Verification at the office of the inspector or at .such other places the.

inspector may specify in this behalf on or before the date on which the - verification falls due

Provided that where any such weighing or measuring instruments is of such type as .cannot be

moved from its location, such person shall report to the inspector the date on which the

.verification falls due such Inspector .shall take .steps for 'Verification of such weighing or

measuring instruments.

(3) All weights. measures and weighing and measuring instruments shall be tested in

a clean condition, and if necessary, the Inspector shall require the owners or user to clean .

them.

(4) Where a weight or. measure or weighing or measuring instruments is brought to

any Inspector for re-verification the Inspector shall deal with it in the same manner as at the

time first original verification. but it shall not be .necessary for him to test a glass or earthen

ware measure, unless the original stamp has been defaced.

(5) The denomination or capacity or a weight. measure, weighing or measuring instruments; if

not marked in. full. shall be indicated by one of the abbreviations specified in

Schedule VIII . .

(6) Where any such weighing or measuring ,instruments is of such type as cannot be ' moved

from- its location. such person shall report the date on which the verification falls due to the

Inspector who shall take steps for verification of such weighing or measuring instruments.

. (7) Any person who fails. to present his weight, measure or weighing or measuring instrument to

the Inspector for verification and stamping within I5 days after die expiry of the period specified in

sub-rule (I) of rule 22 he shall have to pay a surcharge at the rate equal' to the rate of verification

fee for delay of every period of one month upto a maximum of twenty-five. times of such .,annual

verification fee. .

(8) No weighment shall be done on a weight bridge after sunset or before 'sunrise,

unless adequate arrangements for lighting are made. .

(9) The gross weights of commodities in vehicle load (or tare weights of which)

shall immediately be recorded by the trader or his agent and a signed record of weighment

shall be handed over to the person concerned after each weighment is completed and before

the vehicle. is removed from the weight bridge. .

(10)' A trade shall provide such number of standard weights not exceeding one-fourth of the

capacity of the machine as may be required by the Inspector for the purpose of verification re-

verification and inspection of weighing instrument for capacities of above five hundred kilograms.

. .

(11) To 'ensure a proper check of the accuracy of weighbridges and platform machines

for Capacities up to five, tonnes, a trader shall keep at each weighbridge one tonne and for

capacities of five tonnes. and above of standards weights or standard weights equal to one half

of the capacity of the machine whichever is less along with-a set of small standard weights

of such denominations as may be directed by the Controller : .

(1)Any goods seized under sub section (1) of section 28 shall if they are subject to speedy and

natural decay , be disposed of by the sale of goods by auction to the highest bidder and for this purpose a

notice of the date ,place of the sale and the particulars of the commodity to be sold shall be circulated

wherever practicable

Provided that where any person is present at the time of seizure of goods ,such goods may be

sold to him if he is prepared to offer the market price .In such case it shall not be necessary to circulate any

notice of the sale of the concerned goods

Provided that the Controller' may fix the total number of standard weight to be maintained in

trader premises where the number of Weighing machines is more than one.

(12) A trader or his agent shall notify to the Assistant Controller and Inspector the site

of all weighbridges or platform machines and the name of persons, using or operating 'such

weighbridge: or platform machines at least a 'month before the commencement of their use or

operation and get them verified and stamped well in advance of-their 'use,

(13) No weighbridge or platform machine after it has been so verified and stamped

by an Inspector shall he removed or dismantled front its original site without the prior approval

of the Controller or Deputy' Controller or Assistant Controller.

, (14) A trader or his agent shall. cause to. be prepared a list of persons 'using or operating

a weighbridge or platform machine owned by him and shall display such list prominently and

conspicuously at the state of use or operation of such weighbridge or platform machine.

395

24. Certificate of Verification : Where any verification has been made by the Inspector under sub-section (3) of section 21 of

the Act he shall be grant to the person referred to in sub-section (I) of the said section a certificate in the form appended to these rules indicating therein the particulars of the weight or measures verified and stamped by him.

25. The purpose for which an Inspector may enter into any premises :

The Inspector may enter into any premises for such other purposes other than those specified in sub-section (I) of section 26 of the Act if he thinks

(a) that the weights and measures and weighing .:and measuring instruments

. are not of the denominations as specified in Schedule V, VI and VII;

(b) that they are false or' defective;

(c) that fraud is committed in using them

(d) that they are unstamped;

(e) that the stamp on them is forged or transferred;

(f) that the marking of net weight or measures of the article, package or container is

false; . .

(g) that it des not bear the label as required by the Act and these rules;

(h) that the label is transferred or forged.

26. The manner in disposal of any goods which is subject to speedy or natural decay:

396

"

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983 , , ' .

(2) In determining the proportional price at which the commodity contained in a,

package is to be sold under this rule, the price mentioned on the package shall be deemed to be

the market place of the commodity exclusive of local taxes.

(b)

The proceeds of the sale of the seized goods shall be deposited-

Where any prosecution has been launched, 'in the court in which such

prosecution has been so launched or:

'Where no prosecution has been launched, in a suspense account

pending the deposit thereof in the Court whenever the prosecution is,

ultimately launched.

(3)

(a)

"

(4) The amount lying in the suspense account shall be referred to the

owner of the seized goods if no prosecution is ultimately launched against

such owner.

27,Manner of defacement of rejected weight or, measures: , ' "

The rejected weights or measures shall be defaced or obliterated by the Inspector'

by stamping on such weights or measures with the obliterating stamp of uniform design issued by

the Controller which shall also indicate the number allotted for administrative purposes to the

Inspector by whom it is stamped.

28. Form in which appeals may be preferred and the procedure for the hearing of appeals :

(1) An appeal under section 67 of-the Act against the decision of an Inspector

or an additional Control under chapter V, VI, VII, VIII or IX of the said Act shall be

preferred to the Controller and shall be in the Form-appended as Schedule XVI.

(2) Appeals may be presented either in person or by an authorised representative to

the Controller within the period specified in sub-section (20) of section ,67 of the Act. Appeals may

also be sent by registered post addressed to the Controller so as to reach him within that period.

(3) The memorandum of appeal, in duplicate., before the Controller shall be

accompanied by a certified copy of the, order appealed against and, shall bear the following

endorsements - by the appellant or his agent authorised in writing in this behalf, namely:

(a) that so percent of the penalty imposed or such part thereof as is

admitted which ever is higher, has been paid; and

. . (b)that to the best of his knowledge and behalf, the facts stated in. the

memorandum of appeal are true.

(4)If the provisions of sub-rule (3) are not complied with memorandum of

appeal shall be summarily rejected.

(5) The. Controller shall fix a date and place for the hearing of the appeal and may

from time to time adjourn the hearing.

397

THE SIKKIM. WEIGHTS AND MEASURES RULES, 1983.

. (6) The Controller may. before disposing of any appeal, make such other enquiry

as he thinks fit or cause further enquiry to be made by the Inspector Or the Additional Collector

(7) 'The Controller may at the hearing of an appeal, allow an applicant to go' into

. any ground of appeal not specified in the grounds of .appeal, if the Controller is satisfied the on omission of that ground from the memorandum of appeal was not willful or

unreasonable.

. . (8) The Controller shall on the conclusion of the appeal communicate the order passed

by him to the appellant and to the appellate authority.

Appeal against the order passed by the Controller:

(1) Any person aggrieved by an order passed by the Controller may appeal to the appellate authority specially authorised in this behalf by the State Government within sixty days of

the date on which such order is communicated to him.

. (2). The appellate authority may admit an appeal after expiry at the sixty days, if

.it is satisfied that there was sufficient cause for not presenting the appeal within that period.

. (3) An appeal to the appellate authority shall be in the Form appended as Schedule XVI and shall

be verified, in the manner indicated therein.

(4) The appellate authority may, before disposing of any appeal, make such enquiry or cause such

enquiry to be made, and, subject to the provisions of the Act, may pass such order as he thinks fit :

Provided that no order shall be passed unless the appellant has been heard or has been

given a reasonable opportunity of being heard either in person or through an agent.

30. Amounts of fees :

The amount of fees which may be levied and collected for each of the matters specified in section 68 of the Act shall be such as are specified in schedule XII.

31. Any person who violates any of the provisions of these rules shall be punishable with fine which may extend to one thousand rupees.

398

SCHEDULE - 1

(See Rule4 ) .

. . PART 1 SECONDARY STANDARD WEIGHTS

I.DENOMINATIONS

Kilogram Series Gram Series Milligram Series

10 500 200 200

5 2 2 1

100

50 20

20

10

5 2 2 1

500 200 200 100

50 20 20 10

5 2 2 1

2 . MATERIAL

(a) Weights of 10 kgs to I kg, shall be cast from admility bronze of the following

composition.

Constituent Percent

Tin Zinc

Lead (Max) Nickel Max

Other elements total Max: Copper

9.50 to I0. 50

I .50 to 2.50 0.50 .

1.00

0..50 Remainder

. DENOMINATIONS, MATERIAL, SHAPE, PERMISSBILE ERRORS OF SECONDARY STANDARDS OF WEIGHTS AND MEASURES

399

THE SIKKIM 'WEIGHTS AND MEASURES RULES, 1'983

PART III:- SECONDARY STANDARD LENGTH MEASURES

MATERIAL I.

58 percent nickel steel

2. SECTION

Rectangular cross-section with dimensions 38 mm X I5 mm.

The top surface shall have two rectangular grooves along its Iength.

3. OVERALL LENGTH

1030 mm

4. GRADUATED

1030 mm

5. FINISH

Bright, highly polished.

6. GRADUATIONS

Graduated in mm throughout.

7 THICKNESS OF GRADUATION MARKS

No less than 30 microns and not more than 50 microns.

8 TOLERANCE

The maximum permissible errors in the graduations .shall be

(i)25 microns between any 2 adjacent millimeter marks, provided that the error

between any two consecutive centimeter marks shall also not, exceed 25microns.

(ii) 50 microns between any two marks more- than 10 cm apart.

400

THE SIKKIM WEIGHTS .AND, MEASURES RULES, 1983

SCHEDULE - II

(See Rule 4)

DENOMINATIONS, MATERIAL, SHAPE, PERMISSIBLE ERRORS FOR WORKING

ST ANDARDS OF WEIGHTS AND MEASURES

PART 1 WORKING STANDARD WEIGHTS.

I. DENOMINATIONS

Kilogram Series Gram Series Milligram Series

20

10 5 2 2 1

500 200 100

500 200 200

50 20 20 10

100

50 20 20

5 2 2 1

10

52 2 1

2. MATERIAL

(a) Weights of 20 kg to 1.kg shall be cast from admiralty bronze or cupronickel of the following composition

401

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

Constituent Percent

Admiralty Bronze

Tin

Zinc

Lead (Maximum)

Nickel (Maximum)

Other elements total (Maximum)

Copper

Curpro-Nickel

Copper

Nickel

9.5 to 10.50

1.50 to 2.50

0.50 1.00

0.15

Remainder

79 to 81 percent

19 to 2 1 percent

1.5 percent Total impurities, not exceed

3. SHAPE

(b) . Weights of 500 mg to 100 mg shall be made for admiralty bronze (rolled) sheets. (Composition as in (a) above.)

(c) Weights of .500 mg. to 1 mg. shall be made out of commercially pure aluminum sheets. Copper, silicon ,and iron contained as impurities in commercially pure aluminum shall not exceed 0.3 percent.

(b)

(a) Weights of 20 kg- and 10 kg shall be cylindrical in shape' and shall be cast

in two halves. The top half being screwed snugly into the bottom half. The top half shall be cast in the form 'of a handle for lifting purposes. The two halves

after assembly shall be locked by means of a setscrew, over which the seal of the verifying authority. shall be stamped.

Weights of 5 kg to 200 g (inclusive) shall be cast in two halves, the top half

being screwed snugly into the bottom half. The top shall be cast in the form of a knob for ,lifting purposes. The two .halves, after assembly, shall be locked

by means of a setscrew, over which the seal of the verifying authority shall be stamped.

Weights of 100 g to 10 g (inclusive) shall be as in (b) above except that there shall be no locking arrangement.

Weights of 5 g to I g (inclusive) shall be integral solid weights.

Weights of 500 mg to 1 mg (inclusive) shall be of square shape with one of the sides bent at right angles to the flat .surface for case of handling.

The denominations shall be marked on the weights.

(c)

(d)

(e)

(f)

402

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

PERMISSIBLE ERRORS

'"

4.

The permissible errors in excess and in deficiency shall be as follows :

Permissible Error . Denomination

in excess (in mg) in Deficiency (in mg).

.'

20 kg 10 kg

5 kg 2 kg

I kg 5'00 g

200 g 100 g

50 g 20 g

10 g 5 g

'1 g 1g

5OO mg 200 mg

100 mg

200 ,

100

1OO ..

50 30 20 10

50 .25 I5 10

, , 5 4. 3 2 1 1

50mg 20 mg 10 mg

5 mg 2 mg I mg

8 6

4 3

2 1.6

1.2 0,8

0.8 0.4

0.4

0.2

0.8

0.6 0.4

0.4 0.2

0.2

0.1 0.1.

.

0.2

0. I O. I 0.1

0.05 0.05 0.05 0.05

0.05

PART II:- WORKING STANDARD CAPACITY MEASURES ..

I. DENOMINATION

Litre Series (I) Milliliters Series (ml)

10

5 2

2 1

500 200 100

50 20

403

THE SIKKIM WEIGHTS AND MEASURES 1983

2. MATERIALS OF CONSTRUCTION.

Working capacity standards shall be pressed out of oxygen free, deoxidized annealed copper sheets of deep drawing quality.

3, SHAPE

(i) Working standard capacity measures of 10 1itres with the .handles securely fixed to the sides.

4.

(ii) All other working standard capacity measures shall also be cylindrical, but shall not be provided with handles.. The, diameter' .of each 'measure shall app proximately be. equal to the height of the measure. The :measures .shall be suitably re-enforced. .

(iii) The denominations of the working standard measures shall 'be engraved on the outside surface.

(iv) The outside of the body of the. working standard measures 'shall be oxidized to give a smooth dull black surface and the inside shall be tinned.

Each set working standard capacity measures shall be supplied with specially selected striking glasses and the measures and glasses shall be. securely packed in velvet-lined teakwood boxes.

(v)

PERMISSIBLE ERRORS

Denomination Permissible Errors

in excess (in full) in deficiency (in full)

10 l

5 l

2 l 1 l

500 ml

'200 ml

100 ml

5O ml

20 ml

8

42 1.5 I.0 0.8 0.6 0.4 0.2

8

42 1.5 1.0 0.8 0.6 0.4 0.2

PIPETTE MEASURES

Pipettes of the following description may also be used as working standard measures :

(i) One mark pipettes of capacities 10 ml and 5ml .

(ii) Graduated pipettes of capacities .5ml graduated at every tenth of ml.

404

THE SIKKIM WEIGHTS AND MEASURES RULES, I983

PART III : WORKING STANDARD LENGTH MEASURES

I. MATERIAL

The working standard length measure shall be manufactured out of pure nickel (cobalt

free) with a minimum of 99.0 per cent nickel.

2. SHAPE AND DIMENSIONS

The standard shall be of rectangular cross section of dimensions of 30 mm x 15

mm .The. total length shall be 105O mm. The standard shall be finished bright. 3. GRADUATIONS

(a)

The standard shall be graduated over a length of 1010mm from 10mm behind the zero

line to 1000 mm beyond. From - 10 mm to plus 10 mm, every 5mm

The thickness of the graduation marks shall be between 50 and 80 microns.

The length of the graduation marks shall be

(b)

(c)

On every centimeter marks On-every 5mm mark On every millimeter marks

8 mm

5mm 3 mm

4. TOLERANCES

The maximum permissible error on length from 0 to 1000 mm shall he +0.1mm and

between-any two consecutive mm. cm. and 10 cm mark + 0.05 mm.

5. MARKING

The standard shall have an Ashok Chakra and a distinctive mark to identity the

manufacturer engraved along the centre line of the top surface. The height of the numerals and

the letters shall be approximately 3 mm.

6. PROVISION FOR STAMPING

The standard shall be provided' with a tapered hole to accommodate a stamping plug.

This hole shall be approximately 5 mm in diameter and 3 mm in depth.

7. AUXILIARIES

The standard shall be housed in a suitable teak box with a carrying handle.

405

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

'

SCHEDULE - III

(See Rule 5)

SPECIFlCATION FOR 'SECONDARY STANDARD BALANCE

I. RANGE OF BALANCES

Capacity Sensitiveness .at no load and .at

full load : mg/division of scale.

Scale Division

20 kg

5 kg

1 kg

50 g

2 g

25' mg

7.5mg

not less than I.5 mm

not less than I mm

not less than I mm

not less than' I mm

not less than 0. 75 mm

I.5mg

0.4mg

0.02 mg

2. The secondary standard balance shall be used only for indoor work in laboratories.

3. The balances shall be relieved when not in operation.

406

- THE SIKKIM. WEIGHTS AND MEASURES RULES, 1983

SCHEDULE IV

(See Rule 6) .

WORKING STANDARD BALANCES

I. RANGE OF BALANCES

Capacity Sensitiveness: mg/division

or scale Approximate Beam Length

50 kg 5' kg 200 g 2 g

100 10

75O mm 250- 300 mm I50..200 mm 120- I00 mm

1.0

0.02

2. TYPES

Working standard balances shall be both indoor ,and out door types

3. DESIGN & CONSTRUCTION

The balance. shall be constructed of non-magnetic materials and shall be robust in construction. They shall be capable of being easily assembled. Outdoor type balances shall .be

fitted in suitable carrying cases to enable the balances to withstand rough transport conditions Smaller balances i.e. capacity 5 kg and below shall be provided with glass cases. Portable

balances of capacity 5 kg and below shall be fitted into one carrying case for case of transportation.

407

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

SCHEDULE V

(See Rule 7)

SPECIFICATIONS FOR COMMERCIAL WEIGHTS AND MEASURES OF LENGTH AND

CAPACITY.

PART I-COMMERCIAL WEIGHTS (OTHER THAN CART WEIGHTS)

I . DENOMINATIONS

(a)

The denominations of the different types of weights shall be as follows:

Iron and steel weights 50 kg 20 kg 500g

10 kg 200 g

5 kg 100g

50g

2 kg

I kg (h) Brass and Bronze weights.

Bullion

20 kg 10 kg S kg 2 kg 1 kg

50 g 20 g .10 g

5 g 2 g I g

other than Bullion

(c)

. 5OOg 200 g

100 g 5O g

2,0 g 10 g

5g 2 g I g

Sheet Metal weights Bullion and other than Bullion

5OOmg 200 mg 100 mg 5Omg 20 mg

10 mg 5 mg .2 mg I mg

(d) The actual series to be used in practice shall consist of two weights of

denominations 2.20 or 200.

2. IRON AND STEEL WEIGHTS.

(a) Materials:- Weights of 5'0 kg. and down to and including 5 kg shall be made only of

cast iron. Weights from 2 kg. down to and including 50 g may be either of forged

mild steel.

408

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

FIG 1- CAST IRON WEIGHT CAST-IN HANDLE.

(b) Shapes and Dimensions :-The shapes and dimensions of cast iron weight shall conform to Fig. I and 2 read with Tables 1 and 2 and those of mild steel shall

conform to Fig. 2 read with Table 2.

FIG2 -CAST IRON FORCED MILD STEEL WEIGHTS

TABLE I-DIMENSIONS OF CAST IRON WEIGHTS WITH CAST IN-HANDLE , Denomination

A B C D E G P Q R S D

50kg. 236 253 134 170 100 27 58 48 24 102 32

20 kg.. 188 200 I 12 113 90 21 44 38 19 66 22

10 kg.. '152 161 92 88 74 18 36 30 I5 54 19

5 kg.. '125 132 7'4 65 62 I5 29 2 5 12 40 16

All dimensions millimeters

tolerance on dimensions + 5 Percent

TABLE 2-DlMENSIONS FOR CAS'T IRON OR FORGED MILD STEEL WEIGHTS

All dimensions in millimeter

Denomination A B C D H P Q R S D

2 kg 94- 101 78 41 10 34- 30 '9

18

16

4-

I kg 73 79 62 34 8 32. 28 8 10 4

500 g 57 62 47 27 6 23 20 6 3

200. g 42 48 38 21 6 22 20 4-

9 3

100 g 33 38 31 17 5 18 16 3 7 :2.5 50 g 27 31 24 12 3 16 14- 3 5 2

.

Note :- Tolerance on dimensions:

(a for weight above 1 kg+ 5 percent

(b) for weight I kg and below + 10 percent.

(c)

(d)

Cast in Handles- weights of denominations of 50 .kg and down to .and :including

5 kg shall be provided with cast-in handles made of mild steel

Nesting of weights- Weights of denominations of 2 kg and down to and including

50 g shall nest with each other.

Loading Holes-Weights with cast-in handles see fig. I shall have one rectangular

loading hole on the under surface, tapering outwards along the width, while the

nesting weights (see Fig. 2) shall have one round loading hole, tapering outwards

in the centre of the underside.

(e)

409 .

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

I. Permissible Errors .

Inspection

Deficiency

Denomination Verification Errors in excess only Excess

5O 20 kg 10 kg 5 kg 2 kg I kg

500 g 200 g 100 g

50 g

Note :

mg

20,000 10,000

5,000 3000

1,600' 1,000

600 400

320 240.

mg mg 10,000 5,0002500 1500 800 500 300 . 200 160 120

Error same as

in verification

New weights, when presented for checking and stamping. shall not .weigh less

than the denomination value plus 50 percent of the excess,. tolerance shown' above.

3. BRASS AND BRONZE WEIGHTS

(a)

(b)

(c)

Materials : -The weights' shall be made of cast brass or cast bronze or pressed or

turned from brass rods.

Shapes and Dimensions: - Brass and bronze weights shall be of the following

types:

Bullion weights : (i) Weights of denominations of 20 kg and-down to and including

1 g shall be cylindrical in shape, with a handle for 20 kg and 10 kg weights and a

knob for. the rest of the denominations. Shapes and dimensions shall conform to

Fig 3 and 4- read with Tables 3 and4 respectively. Weights of 20 kg down to and

including 200 g, shall be marked with. the words BULLION and with a 'diamond'

as shown in Fig 3 and 4- and weights ' 100 g, down to and including 1 gm shall be

marked with only. a 'diamond

FIG. 3-CYLINDRICAL.BULLION WEIGHT WITH HANDLE ..

FIG. 4-CYLINDRICAL BULLION WEIGHT WITH KNOB

TABLE 3 :-DIMESIONS FOR CYLINDRICAL BULLION WEIGHTS WITH HANDLE

Denomination

(All dimensions in millimeters)

A B C D E F H J K L M N P R S U

20 kg 141 142 96 130 35 25 60 30 20 25 60 25 35 180 25 33 26

10 kg 112 112 80 108 30 20 20 50 25 15 2I 50 20 29 145 25 28 20

Note-: Tolerance on all dimensions 5per cent

410

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983.

TABLE 4-:- DIMENSIONS FOR CYLINDRICAL BULLION WEIGHTS WITH KNOB

(All dimensions in millimeters)

5kg 87.0 81.0 57.0 27.0 30.0 20.0 44.0 23.0

2 kg 64.0 64.0 40.0 22.0 21.0 18.0 32.0 20.0

I kg 51.0 51.0 32.0 19.0 16.0 13.0 26.0 17..0

500 g 40.0 40.0 25.0 16.0 12.5 9.0 20.0 15.0,

200 g 30.0 30.0 19.0 13.0 8.5 6:0 15.0 13.0

100 g 24.0 23.0 16.0 11.0 6.5 5.0 12.0 10.5

50 g 19.0 18.5 13.0 9.0 5.0 4.0 10.0 8.5

20 g 14.0 13.5 10.0 7.0 3.5 3.0 8.0 70 10 g 11.0 11.0 8.0 4-.0 3.5 2..5

5g 8.5 9.0 6.0 3.0 3..0 2.0

I g 5..0 5.0 3.5 2.0 I.7 I.5

Note-Tolerance on dimensions:-

(a) for weights of above 1 kg 5 percent.

(b) for weights I kg and below 10 per cent.

18.0

16.0 14.0 12.0 10.0 8.0 6.0 5.0

(ii) Weights' of denominations I kg and down to and including I g shall be flat cylin-drical in shape (without a knob) and shall nest with each other. Shape and

dimensions shall conform to Fig. {read with 'Table 5. Weights of I .kg down to and including 20 g shall be marked with the words' Bullion' and within a 'diamond' as

shown in Fig. 5 and weights of 10 g and below down to and including I g shall be marked with only a diamond.

TA'BLE 5-DIMENSIONS FOR FLAT CYLINDRICAL BULLION

(All dimensions in millimeter) Denomination

I kg A 80

B 61.5

C 20

D 23

500 g

61 48.5 16 19 2.5

200 g

48 37.5 14 16 20

100 g

37 28.5 12 14 2.0

50 g

28 21.5 10 11 1.5

20 g

21 16.5 9 10 I.5

10 g

16 12.5 .. .. 1.5'

5g 12 9.5 .. .. 1.0

1 g 9 7.0 .. .. 1.0 I g 6.5 .. . .

None :- Tolerance on all dimensions + I 0 per cent.

F G

12 . 10

7

6 '5

3

.

. 26.6

22.5

14.8

12.7

11.0

8.4

6.9

5'.9

4.4

3.6

411

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(I I) Other than Bullion weights: (For .supplementing the iron and steel series) weights of

denominations 50 g down to ,and including 1 g shall be flat in shape and shall have

a distinct downward taper. Shapes and dimensions shall conform to Fig, 6 read with

Table 6.

TABLE 6- DIMENSIONS FOR FLAT WEIGHTS OTHER THAN BULLION

(All dimensions in millimeters)

A B C D E Denomination F G

8.9

65

5.3

4.8

3.5

2.7

50 g 31.5 21.5. 10.0 28.0 1.5 5.0 20 g 23.5 16.6 9.0 21.0 1.5 3.0

10 g 48.0 12.0 .. 16.5 1.5

5g 13.5 9.5 .. 12.0 1.O 2 g 40.0 7.0 . . 9.0 1.0 1g 7.5 5.0 .. 6.5

H J

11.0

10.0 1.0 1.0

0..5

0..5 0..5

0.5

Note- Tolerance on all dimension 1O percent.

The upper side of 1 g weight is not scooped out like that of other weights. This dimension

refers to the diameter of the flat portion.,

(c) Loading Holes:- Weights of denominations 20 kg and down to and including 20 g

shall have a round loading hole, tapering outwards in the centre of the underside

(see Fig. 3.4. 5 and 6)

Permissible. Errors. (d)

Verification

Errors in express only

Bullion weights Other than Bullion Bullion

Denomination

Weights

Inspection Other than ,Bullion

weights

mg

mg Excess

mg

Deficiency Excess

mg

mg

. .

20kg 500 250

10kg 250 125

5kg 150 75

2kg 80 error same 10 error

1kg 50 as in 25 same as in

500g 30 verification 15

200g 20 10

100g 16 8

50g 12 60 6 30

20g 10 50 5 25

10g 8 40 4 20

5g 6 30 3 15

2g 4 20 2 10

1g 4 10 1 5

weights

deficiency

mg

. '"

----

412

THE SIKKIM WEIGHT AND MEASURES RULES 1983

METAL WEIGHTS

Materials:- Sheet metal weights shall be made of stainless steel aluminum, brass

or nickel-silver sheets.

Shapes and Dimensions:

Other than Bullion Weights-After bending along one of the sides (see figure 7) the

weights shall have the dimensions given in Table 7 and the following shapes:

Denomination shape

mg

500,50,5 Hexagon

200,20,2 Square

10010,1 Triangle

DIMENSION FOR SHEET METAL WEIGHTS

(All dimensions in millimeters)

AI A2 A3 B H

120

4. SHEET

(a)

(b)

Denomination

140 500 mg

200 mg

100 mg

50 mg

10 mg

5 mg

2 mg

I mg

Note-Tolerance on all dimensions 10 per cent.

(ii) Bullion W eights-When intended'

for use in the bullion trade,

sheet metal weights shall, after

bending, have circular shape

their diameters shall be as given

in Fig 8 read with Table 8.

TABLE 8. -DIMENSIONS FOR SHEET METAL WEIGHTS (BULLION)

(All dimensions in millimeters)

120

70

7.0 45.

40

4.0

Denomination 500 mg '200 mg 100 mg 50 mg 20 mg 10 g 5mg 2 mg 1 mg

Note-Tolerance on all dimensions

D 15

I3 II

9 8

7 6

4

4 + 10 per cent.

2.0 2.0 2.0

3.0 2.5 2.5' 2.5 2.0 2.0 2.0

1.5 1.5 1.0 1.0 1.0

C H

20 3.5

2.0 3.0 2.0 2.0

15' 2.0

15' 2.5

15' 2.5

15' 2.5 1.0 2.0 1.0 2.0

Denomination

6.

",

(c) Permissible Errors

Verification Errors in express only'

413

Inspection

Bullion weights' Other than Bullion weights - Bullion weights

Other than Bullion

weights

(a)

(b)

(c)

Excess Deficiency Excess Deficiency mg mg mg mg

4- 5 6 7

0.8 0.6

0.4

0.2 0.2

Errors same as in

Verification

4-.0 3.0 2.0

mg mg mg

1 2 3

500 1.6 8.0

200 1.2 6.0 Errors same as in

100 0.8 4-.0 Verification

50 0.4- 2.0

20 0.4- 2.0 10 0.2 1.0

5 0.2 0.4

2 0.2 0.2

1 0.1 0. I

5. MANUFACTURE AND FINISH

General - When the weights are cast, the castings shall be reasonably smooth and

free from dross, pits. blow holes and other defects. When the weights are made by

machining or forging, the surface shall be reasonably smooth. Sheet, 'metal, weights

shall be clearly sheared and shall be free from burns. Cast iron and forged weights

shall be coated with a thin film of suitable black paint or varnish.

The raised markings .on weights shall be clean, and legible. The stamped markings

on sheet metal weights shall be legible and deep enough to ensure indelibility over a

long period, but not so, deep as to crack the sheet.

When lid is used in adjusting weights it shall be so fitted as to ensure that

it does not dislodge itself under normal conditions of use.

(d) The steel handles of cast iron weights shall be rigidly fixed.

Marking

(a) Every weight except weights or 20g and lower denominations, shall have the

manufacturers name or trade mark indelibly or stamped on it.

(b)The denominations shall be indicated in an indelible manner with the abbreviation

kg + to indicate kilogram and g++ to indicate gram and mg+++ to indicate milligram

1.0

O. I

O. I

1.0 0.5 0.2

0.1

O.1 0.05

.

" ~

"

414

The size of. numerals and :letters (letters need not be stamped. on weights 50 mg and

below and on bullion weights with knobs of denominations 5 g and 'below) indicating denominations of weights shall be. at least twice the size of letters indicating the manufacturers . name or trade mark. The numerals used In the denomination shall be only Indo -Arabic figures. The ,smallest weight which can be stamped fully is the 50 mg weight. All commercial weights from 50 mg and above, shall be stamped with all 3 stamps. Weights of 20 mg shall be stamped with one stamp only.. that is the ,date stamp. Weights of 10 mg and below

shall not. be stamped at all. If they, are contained in' a box, the box shall be stamped and certified.

If there' is no box. the weights shall :be authenticated by a certificate of verification

1. ADJUSTMENTS ..

The weights provided with loading holes shall be adjusted by pouring the required weighted quantity of molten lead into the loading hole and pressing' the lead firmly. The approximate distance of the lead from the surface' shall be not more than 20 percent of the minimum thickness' of the weight when new;

,PARTII COMMERCIAL CARAT WEIGHTS

I. GENERAL

(b)

This part prescribes the requirements for commercial metric carat weights

intended for use in weights pearls, diamonds and other precious stones.

For easy calculation and convenience in use, a carat is sub-divided ,into 100 parts

called Cents. Thus, a cent equals 2 mg. Fractions of a carat are expressed with

100 as, the denominators' the numerator -representing . the number of cents in the

fraction for 'example O.5 carat is designated as 50/100 carat.

(a)

'

2. DENOMINATIONS

(a) The denominations of the carat weights shall be as given below -.

(i)

Knob Weights 500 Denominations

Carat 10 I5 2 1

200

100

50

(ii). Sheet Metal Weights

DENOMINATION

carat (c)

. 2

I

5O/I 00

20/100

10/100

5l100 2/100' . 1/I00

05/100

415

There shall be two weights each of the .denominations 2,20 or 200 and 2/100,20/100

carats.

3. KNOB WEIGHTS

(a) Materials- The weights shall be made from rolled, drawn or extruded material and

shall not be cast. The weights shall be made. from brass, bronze nickel - silver, non-

magnetic nickel-chromium or non-magnetic stainless steel

TABLE I - NOMINAL DIMENSIONS OF KNOB CARAT WEIGHTS

(All dimensions in mm)

Denomination A B C D E F G H

(Carat) (c)

500 12 25 125 5.0 1.5 8.0 33.2 13.26

200 10 22 110 4.5 1.5 6.5 24.4 9.60 100 9 20 100 4.0 1.0 6.0 19. I 7.63

50 8 18 090 3.5 1.0 5.5 15.0 5.95

20 7 17 085 3.0 1.0 5.0 10.8 4. I 3 10 6 16 080 2.5 1.0 4.5 8.2 3.26

5 5 I5 075 2.0 1.0 4.0 6.3 2.49

These are recommended dimensions.

Note :- The above nominal dimensions are related to a material with a density of 8.4g/ cm3. To take into account variations in materials and manufacturing practices a tolerance of +

5 percent is permitted on the dimensions except on C ,and E. .

FIG. I - KNOB CARAT WEIGHT

(a) Shape and Dimensions - The shape and dimensions of the weights shall be as shown in Fig. I and Table I

Permissible Errors (c)

Verification Inspection

Denomination

Errors in Excess only Excess Deficiency

Carat (C) 500

200 100

5

mg 8.0

, 6.0

5.0

4.0

3.0

2.0

1.0

same as on Verifica-

tion

mg 4.0

3.0 2.5

2.0 1.5

1.0

50 20 10

0.5

416

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

SHE.ET METAL WEIGHTS 4.

(a) Materials.-Weights of denominations 2/100 carat and below shall be made of aluminium sheet. Weights of higher denominations shall be. made of sheets of brass, aluminium, nickel-silver, nickel-chromium or bronze.

(b) Shape and Dimensions.-Sheet metal weights, shall be square with a ,raised corner for easy handling (See fig. 2). They, shall have the dimensions' given in Table 2.

TABLE 2:- NOMINAL DIMENSIONS OF SHEET METAL CARAT WEIGHTS'

Denominations Carat (c) 2 1 50 /100 20/100 10/100 5l1OO 2/100 1/100 0.5/100 Tolerance

Size (a) mm

12

9 9 8 7 6 5 4 3

10 percent

FIG. 2 - SHEET METAL CARAT WEIGHTS

(c) Permissible Errors

Verification Inspection Denomination carat mg 2

0.8

1

0.6

50/100

0.4

20/100

0.2

10/100

0.2

5/100

0.1

2/100

0.1

1/100

0.1

0.5/100

0.1 0.05

Excess same as on verification

Deficiency

mg

0.4

0.3

0.2

0.01

0.01

0.05

0.05

0.05

Errors in excess only

5.

b.

PART 1lI.

I. GENERAL

z.

417

THE SIKKIM WEIGHTS AHND MEASURES RULES, 1983

MANUFACTURE AND FINISH

(a) The surface of the weights shall be reasonably smooth. Sheet-metal weights

shall be smoothly sheared and shall be free from burrs.

For better stability and finish, the weights may be nickel-chromium, gold or

rhodium-plated.

(b)

MARKING

(a) Every weight, except weights of 50 carat and lower denomination, shall have

the manufacture's name or trade mark and the denomination indelibly stamp .

The denomination shall be marked in the Indo-Arabic numerals prefixed and, suffixed by the letters and 'c' respectively, except that in the case of weights be below 50 carat, only the numerals shall be marked. The size of the numerals and letters indicating denominations of weights shall be at least double the size of letters indicating the manufacturer's name or trade mark..

The. markings shall be legible and deep enough to ensure indelibility over a long period of use, but not so deep as to crack the weight itself.

(b)

COMMERCIAL LIQUID CAPACITY MEASURES

This part deals. with two types of cylindrical liquid measures, namely the dipping and the pouring types and one type of conical measures,.

DENOMINATIONS

The. denominations of the different types of measures shall be as under:

Conical measures Cylindrical measures

Dipping type

I litre

500ml

200 ml

100 ml

50ml

20ml

Pouring type

2 litres

I liters

500 ml

200 ml

100ml

50ml

20 ml

20 Iitres

10litres

5 litres

2 Iitres.

1litres

500ml

100ml

418

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

3. SHAPES AND DIMENSIONS

(a) 'The shape and dimensions of the cylindrical measures (dipping and pouring types) shall be as shown in Fig. 1. (A) and I. (B) and Table I.

FIG. IA 'DIPPING TYPE CYLINDRICAL. MEASURES (SCHEMATIC)

FIG:. IB - POURING TYPE. CYLINDRICAL MEASURES (SCHEMATIC) TABLE

'NOMINAL DIMENSIONS OF CYLINDRICAL CAPACITY.MEASURES

Denomination D

120 95 75

555 44 35 26

H B G Max. Min. Min.

180, 360 250 1.60

142 254 210 1.60

114 '224 160 1.60 83 166 120 1.25

66 132 100 1.25 52 104 80 1.25

l8 16 60 1.00

2 litres 1 litre

500 ml 200 ml 100 ml 50 ml 20 ml

NOTE 1.- All, dimensions in millimetres.

NOTE 1.- Tolerance on dimensions + 10 percent

(b) The shape and dimensions of conical measures shall be as shown in Fig. 2' and Table 2:

Denominations A B C D E F G H I J K

20 litres 91 388 388 208 194 390 1.00 35 86 29 30

10 litres 17 308 507 174 154 309 1.00 30 75 26 25'

5 litres 61 244 245 147 122 147 0.80 25 65.5 24 20 2 Iitres 180 180. 118 182 0 .80 16

45'

90

,20 56 22

I litre

36 143 143 95.5 72 145'

0.63

.20

45

18 16

500ml 28 114 113 74 56 115 0.63 , 15 35 14 12 200 ml 21 84. 84 53 42, 86 0.63 10 24.5 10 8

100 ml 17 66 '67 41 34.. '69' 0.63 1'0 '18.5 7 8

NOTE 1 - All dimensions in millimetres

NOTE, 2 Tolerance on dimensions + 10 percent except in' case of' 10 litres and 20 litre

measures for which the tolerance, shall be + 5 percent.

4.

1.

:419

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

MATERIALS

(a) Cylindrical Measures. - The body cylindrical measures shall be manufactured in one piece from aluminium alloy sheets, brass sheets or stainless steel sheets. The. minimum thickness of the sheets shall be as specified in Table 1

(b) Conical Measures. - The conical measures shall be fabricated from galvanized steel

sheets, aluminium alloy sheets, copper sheets, brass sheets, stainless steel sheets or tin-plate. The minimum thickness of the sheets shall be as specified in Table 2.

(c) The: handles for the measures shall be fabricated from the same materials as that

used for the body.

MANUFACTURE AND FINISH

(a) Cylindrical measures made of brass sheets and copper sheet shall be well tinned or

tin-plated uniformly all over the inside as well as the outside surfaces. Conical measures made of brass sheets or copper sheets, shall be well tinned or tinplated

uniformly all of the inside when they are used. for measuring commodities like milk, edible oils and such other food articles.

(b) The handles shall be of robust construction and shall be well formed and shaped generally as shown in Fig. I and Fig. 2. They shall be security fixed to the body by-

means of riveting, soldering or brazing.

NOTE ;-- Capacity measures when used for measuring milk shall have the handle fixed by

welding, soldering or brazing so as not' to leave pockets in which dirt may accumulate.

NOTE ; Dipping type of cylindrical measures may also have handles substituted by two suitable but diagonally opposite brackets affixed to the walls of the measure by means of

soldering, brazing or welding so as to hold them properly by a handle at right angles to the walls of the measures to facilitate its use in butter and boiled milk trade.

(c) the measures shall be free from any surface defects and ,indentations and shall be

free from any surface defects and indentations and shall be smoothly finished at the

top.

(d) Cylindrical measures shall be provided with a well formed and proportioned spout to

facilitate pouring.

Conical measures shall be provided with a retaining lip to avoid spilling. The

, retaining lip shall be provided with a plug of suitable materials with a collar to

receive the lead for the Inspector's seal. A small hole about 5 mm in diameter,

(e)

(f)

(g)

420

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

shall be provided at the bottom of the retaining lip to indicate the level to which the

measures shall be filled and the hole shall be located on the side at right angles to the handle. The bottom of conical measures shall be suitably' reinforced.

The measures shall be so designed that when they are tilted 120 degrees from the

vertical, they shall become completely empty.

The finished measures shall have adequate robustness for durability

PERMISSIBLE ERRORS 6.

Inspection Errors

Denomination

Verification Errors

in excess only Cylindrical Conical

Measures Measures m MI

7. MARKING

Cylindrical Measures Conical Measures

Excess Deficiency Excess Deficiency

Every cylindrical measure shall. have the denomination and manufacturer's name or

trade-mark indelibly stamped on-it. In the case of conical measures, . the

denomination and manufacturer’s name or trade-mark shall be either embossed on

the body or indelibly marked on a name plate securely fixed to the body.

The denominations shall be indicated with the abbreviations "I" for

litre; and ml to indicate millilitre.

.

The size of numerals and letters indicating denominations on the measures shall be

twice the size of the letters indicating the manufacturer's name or trade-mark.

(a)

(b).

PART - SPECIAL MEASURE FOR PETROLEUM PRODUCTS

20 l 100 50

10 l 50 Error same Error same 25 5 l 30 as in as in 15

2 l 30 15 verification 15 verification 7.5 1 l 20 10 10 5

500ml 15 8 6.5 4 200ml 8 4 4 2

100ml 5 3 2.5 9.5 50ml 3 1.5

20ml 2

421

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

I. GENERAL

This part deals with a special capacity measures which may be used for petroleum products, in addition to the conical measures prescribed in Part III of this Schedule. The measures shall be used for any other commodity.

2. DENOMINATION

The special measure shall have a capacity of 18. 5 litres.

3. SHAPE AND DIMENSIONS

The shape and dimensions of the special measure shall be as indicated in Figure I.

4. MATERIALS

The measure shall be fabricated from. galvanized steel sheets, aluminium alloy sheets,

copper sheets, brass sheets, stainless steel sheets or tinplate. The minimum thickness of the

sheet shall be indicated in Fig. 1- The handle shall be fabricated from the from the same

material as that used for the body.

5. PERMISSIBLE ERROR

The maximum permissible error for verification as well as for inspection shall be as follows :

Verification: Excess only Inspection: Excess

: Deficiency

100 mI. 100mI.

50 mi.

PART V - DISPENSING MEASURES

I. GENERAL

This part deals with two types of dispensing measure made of glass and transparent plastic materials. used for dispensing purposes. Conical dispensing measures of capacity 100ml

may also be used in the sale of liquor.

2. TYPES AND DENOMINATIONS

Dispensing measures shall be of the following types and denominations

:(a) Conical Measures - 200 mI, 100 mI, 5O ml, 20ml 10 mI, & 5 ml.

(b) Beaker Measures - 1000 mI and 500 mI.

3 MATERIALS

(a) Glass Measures - The measures shall be made of clear and transparent glass. They shall be. well concealed ; free from stones, cracks and chippings; and as

free as possible from blisters and ,other .defects. Lead glass shall not be used ' for the measures.

(b)

422

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

Transparent Plastic Measures:- The measures shall be made .of clear and

transparent plastic materials, manufactured from plasticized polyvinyl chloride or

copolymer, the major constituent of which is polyvinyl. chloride. The. plastic material

used shall not contain any constituents known to be injurious to health and likely to

be extracted by contact with liquids;

4. DEFINITION CAPACITY

'. . The capacity corresponding to any graduation mark is defined as the volume .of water .

at 27%C, expressed in millimeters, required to fill the measure to that graduation mark at 27%C, the

.observer's eye being level with the front graduation mark and the lowest. point .of the water

meniscus appearing to touch the tap edge of that mark.

5. CONICAL MEASURES

(iii)

(iv)

(c)

(i)

(a) Shape. - The measures shall be conical as shown in Fig A to 1 G; till such measures shall either tall .or squat as shown in Fig. 1 C and I D respectively.

(b)

(i)

Construction

Each measure shall have a pouring lip. The form .of the lip' shall be such that when the measure is filled with water to the highest graduation mark, the contents may be poured from ,the lip in a stream falling clear .of the .outside .of the measure. .

(ii) Each measure shall have a base .on which it shall stand vertically without rocking

when placed .on a horizontal surface. The size or the base shall be such that the

measure, when empty,. shall not fall when placed .on a plain. inclined at 15 . to the

horizontal. The bottom .of the measuring space shall be uniformly rounded and

shall merge smoothly into the sides .of the measure.

The wall thickness .of the measures shall be sufficient to ,ensure sturdy

construction and shall not show any local departures from uniformity.

(v)

The external surface .of the measure shall be a cone having an included angle .of not less than 13 . and not mare than 14.

The .overall volume .of the. measure shall be such that when is. filled with water

to the highest graduation mark and a volume .of water equal to half its, nominal

capacity is added to it, there shall be no .overflow. But, the addition .of a further quantity .of water equal to quarter the nominal capacity shall. result in water .overflowing from the pouring lip.

Graduations

The conical measures shall be graduated in accordance with Table 1

423

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

I-DETAILS OF CONICAL MEASURES

Denomination Graduated At

Lowest Height of Minimum Gradua- lowestGra- Length

tion duation of Mark Mark

above Bot tom of

Measuring Space

Numbered At

Back lines At

I ml

2 3 4- 5 6 7

ml ml ml ml cm cm

50,IOO,120, 50,100, 120, 50, 100, 200

50 6.5 0.5. 2.0

140,160,180, 140, 160, I 80,

200 200 Every 10 ml 10,20,40, 20,60,

100 .10 3.0 5.0 1.75

from 10 to 60,80,100. 100ml Every 10 ml 10,30,50 30,50 10 4.0 0.5 1.5

50 ml. Every 10ml 10,3O,50 30,50 10 2.0 0.5 1.5

from 10 to 50ml

Every 5 ml from 5, I 0,20 10,.20 5

2.5 0.5 I. 25

5 to 20 ml Every ml from

2,4,6,8, 10 2,6,10 2 2.5 0.5 1.0

2 to 10 ml Every ml from

1 ,3, 5, 3.,5 I 2.5 0.5 0.75

I to 5 ml.

200

100

50(Tall)

50 (Squat)

20

10

5

(ii) With the pouring lip measure facing to the right, the front graduation mark shall be placed at right angles to, and on the right hand side of a vertical Iine extending

from above the top graduation marks to near the base of the measure and below the bottom graduation mark.

The graduation marks shall be marked as shown in Fig. I A to I G. The marks shall

be engraved or etched and they shall be of uniform thickness not exceeding 0.3 mm, provided that they may taper slightly towards the ends. The graduation marks

shall lie in planes perpendicular to the axis of the measure and shall be horizontal when the measure is standing on a horizontal surface.

Each graduation number shall. be etched or engraved ,close to the end, of the

graduation marks to which it relates and in such a manner that it would be bisected

by a prolongation of that graduation marks.

(iii)

(iv)

(v) .

(vi)

(d)

424

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

The numbered graduation marks shall have the minimum length specified in Col. 7 of Table I: The unnumbered graduation marks shall be at least two third the length of the numbered graduation marks and clearly shorter than the numbered marks.

The height of the lowest graduation mark above the lowest point of the bottom of

the measuring space shall be within the limits given in Col 6 of Table I.

Permissible Errors - The permissible errors in capacity shall not exceed the, figures

given below (see Table 2). The permissible errors in excess or deficiency shall be the same for verification of inspection.

TABLE 2 - PERMISSIBLE ERRORS IN CAPACITY OF CONICAL MEASURES

.

Capacity corresponding to Graduation Mark Measures except

. 50 ml (Squat)

1 ml

50 ml (Squat) measures

2 ml

3. ml

200,180,160,

140,120,100

90,80.70,60,

50,40

30 20. I5

10,9

8,7,6, . .

3.0 2.0

. I.5 1.0

0.8 0.6

0.5 0.4

0.3 0.6

1 ml

1.0 1.0 0.8

2

ml

3 ml

.

5 4 ...

.3

2

1

Note :

0.25 0..20 ..

0.16

0.12 0.08

The permissible errors, apart from those of the 50 ml. squat measure, apply to graduation marks corresponding to the capacities stated; irrespective of the nominal capacity of the conical measure concerned. .

(c)

(i)

6.

425

THE SIKKlM WEIGHTS AND MEASURES RULES .1983

BEAKER MEASURES

(1) Shape:- The measures shall be in the form shown in Fig. 2 A and 2 B. (b)

CONSTRUCTION

(i) Each measure shall-be provided with a pouring lip. The form of the lip shall be such

that, when the measure is filled with water to the highest graduation mark, the

contents may be poured from the lip in a stream falling clear of 'the outside of the

measure. . . (ii) Each measure shall be provided with 'a base on which it shall stand vertically without

rocking when placed on a horizontal surface. The size of the base shall be such

that measure, when empty, shall not fall when, placed on a plane inclined at

I5degres .to the horizontal. The bottom of the measuring space shall be uniformly

rounded and shall merge smoothly into the sides of the measure.

(iii) The overall volume of the measure shall be such that when the measure is filled with

water to the highest graduation mark and a volume of water equal to quarter the

denominated volume is added to .it, the water shall not overflow.

GRADUATIONS

The graduation marks shall be marked as shown in Fig. 2 A and 2 B and Table 3. The marks shall be etched or engraved and shall be of a uniform thickness not exceeding 0.3 mm. provided that they may taper slightly towards the ends. The graduation marks shall lie in planes perpendicular to the axis of the measures and shall be horizontal when the measure is standing on a horizontal surface.

(ii) Each graduation number shall be etched or engraved close to the end of the graduation mark to which it relates and in such a manner that it would be bisected by a prolongation of that graduation mark.

(iii) The distance between the highest and the ,lowest graduation marks and the height of

the lowest graduation mark above the inside of the base of the measure shall be in

accordance with cols. (3) and (4) respectively of Table 3.

TABLE 3 - GRADUATION AND DIMENSIONS OF BEAKER MEASURES

Denomination 'Graduation Distance Height of Diameter Min. Dia Over-all

At between lowest of Top meter of Height

lowest and graduation base

highest gra- mark above

duation marks bottom of

measuring

surface

I ml 2 6 cm

4 cm

3 cm

5 cm

7 cm

1000 200 to 1000 ml at each 11 +1

100 ml numbered at each 200 ml unnumbered. back lines

at 200, 600 and 1000 ml.

4+1 12 9 23

10

(a)

(b)

426

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

3+0.5 18 500 100 to 500 ml at each 9+0.5 50 ml numbered at ' each 100 ml; unnumbered back lines at 100,300and 500. .These are only recommendatory.

(d) Permissible Errors. - The permissible errors in excess or in deficiency for veri-fication or inspection shall not exceed 7 ml for. 1000 ml measures and 5 ml

for 500 ml measure. .

7. MARKING

Each measure shall have permanently and legibly engraved or etched on it its denomi-

nation in Indo Arabic numerals, the abbreviation 'ml and 'being. used to indicate milliliters.

The manufacturer's name or trade mark shall be marked on the underside of the base

of each measure.

PART VI - SPECIAL MEASURES FOR LIQUOR

I. GENERAL

2.

This part deals with special measures which may be used in transactions in' liquor.

BEAKER MEASURES

3.

.Material :- The measure shall be made of glass.

Denomination and Graduation :- It shall be of the denomination of 300 ml. It shall have graduation mark at 100 ml. 120 ml I5O ml, 180ml, 200 ml, 250 ml. and.300

ml.

(c) Permissible Errors :- The permissible

Graduation Marks

100 ml, 120 ml

I50ml, 180 ml, 200 ml; 250 ml 300 ml

errors shall be as follows.

Maximum Permissible Errors

+2 ml

+3 ml

PEG MEASURES

(a)

(b)

Peg Measures :- Peg measures may be of the denominations 60 ml and 30ml.

Permissible' Errors

Capacity

60 ml

30 ml

:- The permissible errors shall be as follows :

Maximum Permissible Error

+2 ml

+1 ml

8

Excess

Provision for .stamping :- The measures shall 'be' provided a copper wire near each' end (see Fig; I) firmly fixed in a hole countersunk on both sides, for the Inspector's stamp. An arrow head shall be marked at each end of the measures to provide the points for checking the length

427

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

PART VII COMMERCIAL LENGTH MEASURE (NON-FLEXIBLE)

I. GENERAL

2.

3.

(ii)

.(d)

This part deals with the non-flexible type of commercial length measures made of metal or

wood

DENOMINATIONS

The denominations of the length measures shall be as follows:

Metallic Measures Wooden Measures

1m

0.5m 2m

1m. 0.5m

METALLIC MEASURES

(a) Materials:- The measures shall be made from mild steel or brass or from stainless

steel.

Shape and Dimensions :- The shape- and dimensions 'of the -measures shall be as shown in Fig. I.

Graduations.

The ,graduation marks shall be made at every centimeter for the first ten centimeter'

and there after at every five centimeters. The graduation marks at every ten

centimeters shall be numbered. The marks .at the centimeter divisions shall extend over half the breadth and those at five centimeter divisions or: breadth of the

measures.

(b)

(c)

(i)

A cross marks shall be provided at 25 centimeters in the case of 0.5 m measure

and at 25.50 and 75 cm in the case of I m measure (see Fig. I). 'The graduations shall be only on one side of the measure.

Permissible Errors The mark at every. five centimeters shall not exceed or be

deficient by more than 0.25 mm; and further the error from the beginning of the measure to any line mark shall not exceed 1.0 mm, always provided that the errors

.on the full length of the measures shall not exceed the following' limits :

Verification Inspection

Deficiency

.0.5mm

1.0mm

Denomination

Excess

1m

,0.5 m

1.0 'mm .

0.5' mm

Deficiency

0.5mm 0.25 mm 0.5mm

428

THE SIKKIM WEIGHTS AND MEA'SURES RULES 1983

(a)

WOODEN MEASURES 4.

(i) (ii)

(iii) (iv)

(v) (vi)

(vii)

(b)

(c)

(d)

Materials.- The measures shall be made from well seasoned timber of anyone of the following species :- .

teak (Tectona grandis Linn. f)

rosewood (Delbergia Latifolia Roxb.) shisham (Dalbergia sissoo Roxb.)

haldu (Adhina cordi folia Hoock. f) bijasal (Pterocarpus marsupium Roxb.)

boxwood (Buxux sempervirens) beech (Fagus sylvatica.)

Shape and Dimensions :- The shape and dimensions of the measures shall be

as shown in Fig. 2. . .

Graduation: - The graduation marks shall be made at every centimeter or at every centimeter for the first ten centimeters and, therefore, at every five centimeters.

The graduation marks at every ten centimeters shall be numbered. The marks at the centimeter divisions shall extend over half the breadth and those at the five

centimeter divisions over the full breadth' of the measures.. A cross mark shall be provided at every 25 cm, excluding the one meter and two meter graduations (see

Fig. 2.) . Permissible Errors :- The mark at every five centimeters shall not exceed or be

deficient by more than I mm, and further the error from the beginning of the measures to any line mark shall not exceed 2 mm; always provided that the

errors on the full length of the measure shall not exceed the following limits. Verification Inspection

Denomination

Excess

4mm

2 mm

I mm

2m

1m

. 0.5m

. Deficiency Excess Deficiency 2mm 4mm 4mm 1mm 2 mm 2 mm 0.5 mm I mm I mm

(e) Provision for Stamping :- Each measure shall be provided at each end with a metal

tip not less than I cm in width, securely riveted with two rivets at each end as shown in Fig. 2, for receiving the Inspector's stamp. The width of the tips

shall be included in the total length of the measure.

MANUFACTURE AND FINISH 5.

(a)

(b)

The measure shall be evenly finished and shall be reasonably straight.

In the case of metallic measures, the graduation marks and the cross marks shall be legible and deep enough to ensure indelibility over a reasonably long period

of use, but not so deep as to mark the measures liable to be easily bent. In the case .of wooden measures, the markings shall be finished neatly, sharply. and legibly; in a

color contrasting with the wood finish. They shall be visible' from a distance and shall remain indelible over a reasonably long period of use.

429

THE SlKKIM WEIGHTS AND MEASURES RULES I983

MARKING

(a. )

(b)

The. denomination shall be stamped on the ungraduated side of the measure at about one-third of the. total length from the beginning of the measure and the manufacture's name or trade mark at a 'similar distance from the end. of the measure. In the case of wooden measures, the markings shall .be finished in the same manner as the graduations.

In indicating. the denominations the numerals shall be followed. by 'meter' The . size of numerals and letters, indicating denominations of the measures, shall be twice the size of the letters indicating the manufacturer's name or trade mark.

The end of the measure shall be marked on the graduated side with the Indo -Arabic numeral indicating the denomination

(c)

PART VIII- COMMERCIAL FOLDING SCALES I

I. GENERAL.

2. DENOMINATIONS

This part deals with wooden folding scales..

The denominations of folding scales shall be :

1m and 0 5m

3. MATERIALS.

The scales shall be made from strips or sheets of wood. They shall be uniform in width and thickness throughout the- entire length.

(b) The scales shall 'be made of anyone of the following species of timbers :

(i) Boxwood (Buxus empervirens) (ii)Gardenia: (Gardenia sp.) (iii) . Parrotia (Parrotia jacquenmontians) (Randia Dumetorum) ,(iv) Dudhi (Wrightia sp.) (v) Bamboo. (vi) Haldu (Aina cordifolia Hookf.) (vii) . Kalam (Mitragyna parvifolia Korth.)

(viii) Kuthan (Hymenodictyon excelsum Wall). {ix) Gamari (Gmelina arborea Linn.)

(c) The timber shall be thoroughly seasoned and radically sawn. The moisture content' of the timber shall be between 8 and 12 percent. The timber shall be free from knots, cracks, sap wood, snakes and other visible defects such as

decay, insect attack, etc. and shall be fairly straight-grained. .

(a)

430

THE SIKKIM WEIGHTS AND MEASURES RULES 1'983

MANUFACTURE. 4.

(a)

(b)

(c)

General-The scales shall be straight-and flat, the edges parallel to each other and

the ends square.

No point on any of the edges shall be more than 0.5mm distant from the straight

connecting its extremities. No, point, on the surface of a scale shall be more than 0.5

mm distant from the plane of the surface.

The scales shall consist of four pieces hinged together and it shall be an end measuring scale. The joints shall work smoothly without undue play and shall be

sufficiently free from the folds, to be opened and closed without strain.' The brass caps shall be closely fitted and strongly secured to the. blades. They shall be

made flush with the sides of the scales.

5. DIMENSIONS

(a) The principal dimensions of the scale blank shall be as follows;

Thickness

Length of Graduated

Part (m)

Overall Max. (mm)

Length Min (mm)

Max (mm)

Width Min (mm)

(mm

O.5 500 15.0 14.5 4 1

1 1000 20.0 19.0 5 I

'6 GRADUATION

(a)Graduation marks shall be made at every millimeter with a longer line, at every 5 ,mm and centimeter.

The length of the graduation lines shall be as follows

cm mark

5 mm mark

1mm mark

6 mm

4mm'

2.5mm

(b) The lines shall be fine and clear, of uniform depth and thickness, and

perpendicular to the edges. The thickness of lines 'shall be not: more than 0.2

mm of or stamped scales and 0.4 mm for engine divided scales. 'The lines shall

be of sufficient depth to' be legible and indelible.

The lines shall be filled in black on natural background or ,with a suitable colony

which shall contract with the color of the base to ensure legibility.

Every centimeter shall be numbered in Indo Arabic numerals. The. height

of the figures shall be between 2.0 and 2.5 mm.

(c)

(d)

431

THESIKKIM WEIGHTS AND MEASURES RULES 1983.

PERMISSIBLE ERROR 7

,

The cumulative error for the entire graduated part shall not exceed O.5O mm.

Further, over any 10 cm length of scale, the error shall not exceed 0..25 mm.

8. MARKING

(a) 'The denomination shall be stamped on the ungraduated side of the measure at a

distance about one third of the total length from the beginning of the measure The manufacturer's name or trade mark shall be marked at the

same distance from the end of the measure. The markings shall be finished

in the same manner as the graduations.

In indicating the denominations the numerals shall be- followed and preceded in

regional script

(b)

9. PROVISION FOR STAMPING

The; measure 'shall receive the Inspector's stamp either on the metal strip at the ends or .the central hinge as may be convenient.

PART IX - WOVEN METALLIC AND GLASS FIBRE TAPE MEASURES

1 Woven .metallic .or glass fiber tape measure may be used where the use of rigid measures is not convenient or practicable.

2 . DENOMINATIONS

3. TAPE

(a)

(i)

(ii)

. (iii )

The tape measures shall be made in lengths of 2,5, 10, 15';20,30 or 50 meters.

(iv)

Materials. The woven, metallic tapes shall be of yarn and metal wire in the warp and

only yarn .in the .weft . . The glass fiber tapes shall be made of glass fiber placed in ,parallel and covered with resilient plastic. . .

The yarn used for woven :metallic tapes shall be spun from .good quality cotton

or linen and shall be either bleached or mercerized. The yarn used shall be

No 17/2 in the warp and No33/2 in the weft. The wire shall be of phosphor,

bronze copper, brass or ,stainless steel and shall 'be 0.16 mm in diameter.

The glass fiber 'shall be tex (NG 150)'or 33 tex X 3(NG 150/3,count and

the total number of threads in fun width shall not ,be less, than. 60 of 33 tex X .(NG 15O) or 30 of 33 tex.(NG 150/3}. .

Weave of woven metallic tape (b)

432

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

(i) The weave shall be either plan, that is one up and down or dosuti that is two up and. two down, or ded-suti, that is two up and one down with at least eight wires uniformly

spaced in the warp.

The total number of warp threads, excluding wire threads, shall be 40 ends which

.shall be in full width of the tape. The picks per centimeter shall be 16 in the case of

cotton yarn and 13 in the case of linen yarn.

(ii)

4. MANUFACTURE:

The woven metallic tape shall be coated with a suitable primer of synthetic material

over which one or more coats of flexible, high quality enamel shall be given. The

final top coat shall be of a varnish which :shall give the tape it good finish. All

coatings shall be non cracking and water resistant.

(aa) The glass fibre tape. shall be plasticized

(b)A metal ring shall be attached to the outer' end of tapes of denominations 10, 15, 20, 30

and 50 metres,. the ring being fastened to the tape by a metal strip of the same width as the

tape for protection and for receiving the Inspector's stamp (See, Fig. I).

(i) The outer and inner ends of tapes of denominations 10, 15 20,30 and 50 metres

shall be reinforced over a length of not less than 10 cm by a strip of leather or

suitable plastic strip shall also pass around the ring and under the meter strip (See

Fig. 1).

(ii) Tapes of 2 and 5 meter denominations shall be reinforced over a Iength of not

less than 10 cm by a strip of cotton fabric suitable plastic material ever which a strip

of brass or any other suitable material rigidly fixed for protection and for receiving the

Inspector's stamp (See g 2).

(iii) Tapes of 2 meter denomination shall be fitted with metal or plastic plate for

folding purposes.

(a)

(c)

5. GRADUATION:

(bb)

('a)

(b)

The length of the tape shall include the metal finger ring, when provided.

At every centimeter a black line, 8 to 10 mm in height, shall be drawn and every

five centimeters shall be marked with an arrow in black. Every l0 th cm and every

meter shall be marked with a black line extending over the full width of the tape (i.

e. 16 mm in case of woven metallic tape and 13 or 16mm in the case of glass fibre

tapes). The graduation marks at every l0 th cm and every metre shall be numbered

with. black and red figures, respectively. The metre marking at1 to 9 shall, in

addition, contain letters "m" and the end of the tape shall be marked "metre". The

graduations shall be only on one side of the tapes.

After the graduation mark of one metre' every10 centimetres

433

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

may be marked with an additional numeral, in red, indicating completed metre or metres. The size of this numeral shall be about half of the numeral indicating centimetres. The numeral of completed metres shall be marked just above every numeral of 10 centimetres.

(c) Permissible Errors :- The errors in the length of the tape when supported on a horizontal surface under a tension of one kilogram, shall not exceed the following, both during verification and inspection.

Denomination Permissible Errors

m

2

5

+ I.5 mm + 3.0 mm + 5.0 mm + 7.5mm +10.0mm + 15.0mm + 20.0 mm

10 25 I5 30 5O

In addition, in tapes of denomination I5, 20, 30 and 50 metres the error between any two consecutive meter lines shall not exceed 5 mm. . .

6. MARKING:

. On the ungraduated side and also on the case of each tape, when provided, the name of the manufacturer or his registered trade mark and the denomination shall be legibly marked, in English or Devnagari or in both.

7. PROVISION FOR STAMPING.

Measures shall be stamped on the metal strip at the beginning of the scales on the

graduated side.

PART X-STEEL TAPE MEASURES: WINDING TYPE: .

DENOMINATIONS:

The tape measure shall be of the denominations

metres. I, 2, 10, 15, 20, 30 and 50

2. TYPE .:

(a) Tape shall be of steel or stainless steel and shall be of any of the following

widths :

Width Tolerance

mm mm

6.0

9.0 13.0

16.0

+ O.5

434

THE SIKKIM WEASURES AND MEASURES RULES 1983

(b) The thickness of the tape shall be O.I5, 0.20 or 0.40mm..with a tolerance of

+0.05 mm. The tape shall be of such a quality that when it is wound once round a rod' of the diameter indicated below and then released there shall be :no permanent deformation in the tape

(c)

Thickness of tape

mm

Diameter of Rod

mm

0.17 and 0.20

0.40

12

25

(d)The tapes of 1m and 2 m shall be flat or curved and tapes of other denominations shall be flat.

The edges of the tapes shall be slightly rounded. The tapes shall be :well furnished

and provided with a rust-proof coating and shall be free from' burrs.

The outer end of the tapes shall be provided with a ring or other device for facilitating withdrawal The ring or other device' when provided shall be fastened to

the tape by a metal strip of the same width as the 'tape.

GRADUATIONS:

(e)

( f)

3

(c)

The length of the tape shall include the metal finger ring, when: provided.

The tapes shall be graduated legibly and indelibly, either by etching or by

enamel printing, on one side only.

The. tapes of denominations I. m .and 2 m shall be graduated throughout ,

.

.at every millimeter. Types of denominations 10 m and above' may be graduated at

every millimeter, 2 millimeters, 5 millimeters or centimeter, and except when graduated

in millimeter throughout, the first two - decimeters shall, be graduated at ,every millimeter.

The' height of graduation for all tapes shall be as follows:

Approximate Height of Graduation, for various , Widths of 'Tape

'

(a)

(b)

(d)

Unit of graduation.

6.0 mm 9.5mm 13.0 mm 16.mm

mm mm mm mm

Millimeter 2 3 4

4

Five millimeters 3 4 6 6 Centimeter 4 5 8 8'

Decimeter Full 5 to, Full Full Full Meter Full Full Full Full

4.

(I)

(2)

(3)

(4)

5.

435

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(e) Every .decimeter and metre shall be marked with Indo-Arabic numerals in bold type., The

metre graduations at 1to 9 or preferably the full length shall, in addition, bear the

designation m' or me and m' After the graduation mark of one metre every' 10

centimetres may be marked with an additional numeral indicating completed metre or

metres. The size of this numeral shall be half the size of the numeral indicating

centimetres. This numeral of completed metres shall be marked before- very numeral of

10 centimetres. The end of the tape measures shall be marked with the words 'metre'

(See Figs 1 and 2).

PERMISSIBLE ERRORS:

(a) When checked against a working standard, calibrated at 2 0. C, the error in the length of

the tape, supported on a horizontal surface with a tension of 2 kg in the Case of I and 2 metre lengths and 5kg in the case of 1O, 95, 2O, 20, 20, and 50 metre lengths, shall not

exceed the following limits:

(i) The error between any two adjacent millimeter. lines, and between contiguous centimetre lines shall not exceed +0.2 mm, and the error between two contiguous

decimeter lines and between two contiguous metre lines shall not exceed +0.4 m on any part of the tape; and

(ii) When measured from zero to the points specified below, the error in the length of the tape shall not exceed the following limits:

l. metre mark

2 metre mark

5 metre mark

Any metre beyond the first 5 metre

+0.4 mm

+0.6 mm

+1.0 mm

+ (I. 0mm for the first

5metre +0.5 mm for

each additional 5 metres

or part thereof.)

WINDING DEVICE:

(a)

(i)

Automatic Winding Device.

Winding Device The winding device shall be of substantial construction

shall be such that when the tape is withdrawn by hand to any point up to 'the limit of its measuring capacity it shall hold at the length withdrawn and

shall be capable of being easily rewound.

Case The case shall be of corrosion resisting metal, suitable plastic material or of 'It metal with a non-corrosive finish and shall be not less than 0.50 mm thick. It shall be well-made smooth finished with edges and corners rounded off,

(ii)

5

6

436

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

(b)

(i)

Hand Winding Device.

Handle . The handle for the winding device shall be suitable for winding the tape on the reel and shall revolve freely without end or side play or stiffness. It shall fold

against the reel, and shall have a crank length of not less than 25 mm.

Reel:- The. reel winding drum and its mechanism shall be of robust Construction.

The reel shall rotate freely. The winding draw of the reel shall be provided with -a frictional device suitable for preventing spin of the drum and to reduce to a

minimum- the backlash of the tape.

Case :- Tapes of- denominations 10 I5, 20, 30 and 50 metres shall be supplied in a case, made of leather or corrosion-resisting metal or metal with a corrosion-resisting

finish fitted with a winding device

.If it is not wholly made of leather, the case shall be not less than 1.2 mm thick. If the case is wholly made of leather, the thickness of the leather used shall be at least

3 mm.

If metal case is' used, it shall be covered with a suitable leather, plastic or leather.. cloth. .

The opening in the case for the tape shall be provided with a durable eye and

with rollers-for bearing on each side of the opening.

When the tape is supported at the reel and a 10 kg load is applied at the free end for five minutes, the tape shall not get loosened from the reel.

In addition, in the case of tape measures provided with hand-winding arrangement, the following test shall be applied

Pull out approximately half the length of the tape from the case.. Give the

tape a short, quick pull by hand; with the case hanging freely, so as to release .approximately one metre of the tape, Immediately after movement of the hand has

ceased the reel shall not continue to rotate or oscillate. Rewind the tape to its full limit within the case and crank; snap the crank handle shut, There will be no

looseness in the reel which will permit any unwinding of the tape.

(ii)

(iii)

(iv)

(v)

('vi)

(c)

(d)

MARKING:

The tape. as well as the case shall be legibly marked with the name or trade mark of the manufacturer and the denomination in English Or English and Devnagari. .

PROVISION FOR STAMPING:

(a)

(a) Provision shall be made at the beginning of the tape for affixing the Inspector's

stamp.

(c)

437

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

PART XI-SURVEYING CHAINS

1

2.

3.

GENERAL

This part prescribes the requirements for link type surveying chains. of 20 m and 30 m

lengths for land measurement.

DEFINITIONS :

(a) Surveying Chains: - An instrument for measuring the surface distance between two

points.

Length of Chain The distance between the outside surfaces of the handles when

fully stretched.

Tallies :- Metallic taps or indicators of distinctive pattern fixed at: various points

. of the chain, to facilitate quick reading of fractions of a chain.

(b)

(c)

MA TERIAL :

The different components of the chains shall be- made from the materials mentioned

against each :

Ring

Link, Small

Link, Large

Link, Connecting Tally

Indicating Ring

Component

Handle

Eye Bolt Collar

4.

Material

Brass Casting

Brass suitable for free cutting. and high speed

machine work.

Galvanized, Mild

Steel Wire

400mm

Brass Sheet or Galvanized sheet

Brass Wire

CONSTRUCTIONAL DETAILS:

(a) The nomenclature of the different parts of the chain and their dimension shall be as

indicated in Figs, I, 2 and 8.

Tallies shall be fixed at every fifth metre along the chain. Small rings. be fixed at

every metre, except where tallies' are attached., The tallies shall -have distinctive

shapes depending on, their position in the. chain as shown in Figs. I and 2.

.Connecting links between two 'large links shall be oval-in shape, the central one

being a circular ring.

(b)

(e)

5

438

THE SIKKIM WEIGHTS AND MEASURES RULES I983

To facilitate holding the arrows (Chain Pins) in position with the handle of the chain,

a groove shall be cut on the outside surface of the handle 85 shown in Fig. 3. The

radius of the groove shall correspond to the radius of the arrows.

The handle joint shall have flexibility in order that it may be possible to swivel the

handle round the eye bolt. A swivel may also be provided at the middle

of the chain. .

PERMISSIBLE ERRORS:

(a) When measured with a tension of 8 kg every metre length shall be accurate

with an error not exceeding - 2 mm. The overall length of the chains shall be

accurate within the following limits of error.

20 -metre chains + 5 mm

30 - metre chains + 8 mm

The permissible errors shall be the same for verification and inspection.

(d)

(b)

MARKING:

(a) The tallies used for marking the distances in a chain shall be marked with letters

'm' (see Fig- 3,)

The length of the chain, 20 m or 30 m, as the case may be, shall be indelibly

marked over the handle (see Fig. 3) to indicate the length.

The chains shall be indelibly marked, on the reverse side of the surface of the

handle having the denominations, with the manufacturer's name, or trade-mark.

7. PROVISION FOR STAMPING:

A metal label or disc shall be permanently attached to the handle at the beginning

of each chain for the Inspector's stamp.

6.

(b)

(c)

SCHEDULE VI

(See Rule 8)

SPECIFICATIONS FOR COMMERCIAL WEIGHING INSTRUMENTS

PART I - GENERAL REQUIREMENTS:

I. Weighing instruments; of the following categories are included in these specifications.

(a Beam Scale

(b) Counter Machines

(c) Steelyards

(d) Platform Weighing Machines

(e) Weighbridges

(f) Spring :Balances

(g) Crane Weighing Machines

(h) Automatic Weighing Machines

(i) Self, indicating and Semi:-Self-indicating Counter Type Machine.

(j) Person Weighing Machines

(k) Totalisers.

2. (a)

(i) (ii)

(iii)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(k)

(m) ,. :

439

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

(i)

Weighing instruments shall be of such materials, design and construction that, under normal conditions of service :

They maintain accuracy. They function satisfactorily without the need for frequent adjustments. Excessive stresses do not develop in the vital parts.

All weighing instruments having steelyards shall be of, what is commonly known as the vibrating type.

A vibrating type of instrument is an instrument which has its indicator oscillating on either side of the position of equilibrium. .

Weighing instruments shall be of good workmanship and finish. . .

Weighing instruments having assembly parts, without which the accuracy of the instrument is affected, shall be so constructed that it is not possible to use the instrument without these parts. They shall be suitably identified with the weighing instrument of which they form essential components. .

Where an instrument has interchangeable or reversible parts, the interchange or reversal of such part shall not affect the accuracy of the instrument.

All graduations in weighing instruments shall consist of notches of uniform lines, sharply defined, which may be painted, printed, incised or embossed, so that the position of all pointers or sliding poises is dearly readable. All numbered graduations and their sub-divisions shall be marked by lines longer than the minor graduations. The minimum width apart of graduations on steelyards shall be not less than I.5 mm of capacities below 3,000 kg and 3 mm for capacities of 3000 kg and above.

Knife-Edges and Bearings :- The knife-edges and bearings shall be of ' agate or

suitable hard material or of suitable quality steel. The steel knife-edges and bearings shall have the hardness specified below :

For beam. scales of classes C and D and with capacities 10. kg and below-54 Rc. Minimum.

(ii)

(i)

(j)

For other weighing instruments .. 69 to 66 Rc.

The Knife-edges and bearing. shall be replaceable wherever practicable. . .

Knife-edges and bearings shall be accurately and firmly secured preferably by

shanks and nuts. or bolts and nuts or by set screws The knife-edges and bearings

shall be protected against. corrosion and dirt. Racks and pinion shall be of suitable hardwearing material and shall be finished smooth.

'(l) .In the. case of weighing instruments having steelyards the ,nib shall remain secure in the notch

The knife-edges shall bear upon practically the whole length of the bearings.

440

THE SIKKIM WElGHTS AND MEASURES RULES 1983

3. MARKING:

Note :

4

Ii. TESTS :

(a) All weighing machines shall be prominently, legibly and indelibly marked with the

marker's name of his registered trade mark, model capacity and class (wherever

applicable).

The manufacturer's name or the registered trade mark shall be such as will' not be

mistaken for the stamp or the seal of the verification authority.

Weighing instruments shall have inscribed on them their maximum weighing

capacity in the following manner

To weigh................................................... : ...... kg, or g' as approximate.

......................................... as approximate.

An numerals appearing on weighing instruments beams, steelyards, dial etc. shall

-be Indo-Arabic numerals.

(b)

(c)

SEALING:

All weighing instruments shall be provided by the manufacturers with a plug or stud

or soft metal to receive the stamp or seal of the verification authority Such plug or stud shall be provided in a conspicuous part of the- instrument and shall be made in

such a manner as to prevent its removal without obliterating the seal.

(a) All weighing instruments shall ‘be tested after they have been properly cleaned,

,and in the condition of their normal use, wherever practicable. ' Non portable

weighing instruments shall be tested in situ in addition to any, other test that may

be conducted at the premises of. the manufacturer, or dealer.

Sensitiveness :- Is the least weight which when added to or removed from the

loading platform or pan when' the machine is in equilibrium will cause an appreciable

movement of the indicator from' it position of equilibrium.

Error :- is the least weight, which when added or-'removed will bring the indicator to

the position of poise or equilibrium from the .position of imbalance.

Weighing instruments shall be tested for sensitiveness and maximum error :

The greatest error in excess on verification for 'graduations on the' steelyard

in the range corresponding to the first half of the capacity' shall be not more than

half the error allowed at full load for' graduations on the remaining part of the

steelyard the error shall be not more than 'the error prescribed at full load.

The greatest error in 'excess on verification in the case of machine fitted with dial

shall be' half the weight represented by .the interval between the consecutive

graduation marks.

The permissible error in respect of graduations oil machine fitted 'both with .

steelyard/s and dial shall be as prescribed above in (i) and (ii).

(b)

(c)

(i)

(ii)

(iii)

441

THE SIKKlM WEIGHTS AND MEASURES RULES 1983

PART II BEAM SCALES:

I. DEFINITIONS:

2.

Beam Scale:- A weighing instrument with equal arms, having three knife-edges,

three bearings ,an indicator (pointer) in centre, and pans suspended from the end

knife edges (See Fig. I).

(b) , Sensitiveness of a Beam Scale: - A measure of its responsiveness to a small change

in loan in one of the pans under specified conditions of loading; this can be

expressed as the ratio- between the change in mass in one of the pans and the

corresponding deflection of the beam (or of the attached pointer) caused by

the change.' .

(i) In the case of the beam scale fitted, with a pointer and an indicating scale, it is

expressed in terms of milligrams per division.

(ii) In the case of a beam scale having no indicating scale, it is expressed as the least

weight, required to be' added to or removed from one of the parts, which causes

an appreciable movement of the pointer from its position of equilibrium under a

specified condition of loading.

Error (Due to Inequality of Arms) :- The error due to inequality of arms of a beam

scale is equal to the mass of the additional weights required to bring to equipoise

the balance, carrying weights of equal masses in the pans

Greatest Error (Due to Inequality of Arms) :- The greatest error due to inequality of

arms is the error determined with two weights each equal to the capacity (full load)

of the balance. .

CLASSES' AND CAPACITIES :

(a)

(c)

(d)

(a) Beam. scales shall be of anyone of the four classes, namely, A.B. C. or D. based

on limits for insensitiveness and greatest error specified in Tables I to 4 respec-

tively.

Beam scales of the different classes shall be. of one of the capacities mentioned in

Table 1 to 4.

The trades for which the different classes of scale.. may be used are:

(b)

(c)

Class of scales

Use Commercial assay and in 'Dharma Kanta' for verifying the weights. of bullion and. precious stones.

Precious stones, jewels, pearls, bullion, precious Metals,

saffron and similar expensive commodities, chemist's and

druggist's preparations, perfumery etc.

Base metals and commodities such as cereals, tea, coffee,

tobacco; jute, 'cotton, dry fruits, spices, oil-steeds etc.

Weighment of cheaper commodities such 'as scrap iron,

fuel, wood, charcoal, vegetable etc. .

A

B

C

D

3.

4.

(ii)

(b)

(c)

(i)

(ii)

442

THE SIKKlM WEIGHTS AND MEASURES RULES 1993

MATERIALS:

Material for Class A. beam scales 'Class A beam scale shall be made of non-

magnetic materials only except knife-edges and bearing-. Materials for Other Classes for Beam Scale :- Beam and pans shall be made of

stainless steel, brass or bronzes.

Aluminum alloy may be used in the smaller denomination balances', having a

capacity of not more than 5O g. The pans, of Class B beam scales may be made of glass also. In the case of beam scales of Classes C & D, pans of hard-wood shall be permitted

for capacities 100 kg and 'above The pans of beam scales, when made of timber, shall be adequately re-in forced and protected against wear.

(c) Suspension:- Pans shall be suspended from the beam by metal chains' or 'metal stirrups, except those of 100 g and smaller capacity of Class B beam scales

which may be suspended by silk or nylon threads. .

All mild steel parts used in beam scales shall be suitably protected against rust.

(a)

(b)

(d)

CONSTRUCTION.

(a)

(i)

(a)

Knife-Edges. and Bearings.

The knife-edges and bearings used in beam scales shall be of the following types:.

'Agate-box' Wherein agate bearings are fitted in a brass or iron box, with side

holes which permit the projecting ends of the knife-edges to, pass into the boxes

and rest on or rise to their bearings (See Fig. 3).

'Dutchend' :- Wherein the end bearings are fixed inside. ,plates. bolted together

across the beam to form a shackle (See Fig. 3).

'Swan-neck' Wherein the ends are curved and slotted, the bottom of the slot

forming a knife-edge, the extremities of the beam being widened in a direction at

right angles to its length so that the base of the slot is ,paralled to the central knife-

edge (See Fig. 4).

Continuous knife edge' Wherein the knife edge ,bear.. along their whole length,

(See Fig. 5).

(b)

(c)

(d)

Class A beam Scales shall have continuous knife-edges and shall be provided with means' for relieving all the, knife-edges from the bearings .

Glass Case. Every 'beam scale of Class A shall be provided with a glass case. It

shall also be provided with bubble or a .plumb line and leveling screws to facilitate

leveling of the instrument.

Leading Dimensions.

No dimensions have been specified for Class A beam 'scales.

Beam. scales of Classes, B C and D shall have the leading dimensions specified

in Tables 5 to 9 and Fig. .6 to, 10 as applicable to within 'the tolerances specified,

in 4(d). For Class C beam scales of capacities 5 kg and below fixed hooks may also be provided. .

Note :

5

443 "

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

Class D beam scale shall be distinguished from Class C scale by the existence of two

identical holes, 5 to 10 mm in diameter through the beam, one cm either side of the central knife-edge (See also Fig. 10).

Permissible Variation in Dimensions :- The dimension of the beam scales shall

not vary by more than IO percent of the dimensions prescribed in Table 5 to 9.

Attachment for Adjusting the Balance of a Beam Scales :

Beam scales of Class B having a capacity of 5 kg and above shall be provided

with. a balance ball or balance box securely attached to one of the suspension

chains or pans in such a manner that it is not possible to alter it easily. The

balance ball or balance box shall not be so large as to contain more loose material

than an amount exceeding half .a 'percent in weight of the capacity of beam scales

under 50 kg, if provided, or an amount exceeding half a kilogram for beam scales

of capacity 50, kg and above.

Beam scales of Classes C & D having a capacity of I 00 kg and above shall be

provided with a balance ,ball or a balance box securely attached to one of the

suspension chains or pans' in such a manner that it is not possible to alter it easily.

The balance ball or balance box shall not be so large as to contain more loose

material than an amount exceeding one percent in weight of the capacity of beam

scales under IOO kg, if provided or an amount exceeding 1kg for beam scales of

capacity I00 'kg and above.

Arrangement for Adjusting Sensitiveness :- The Beam scales other than those of

Class A 'shall not be provided with an attachment to adjust their sensitiveness..

TESTS:

(a) Sensitiveness :- Class A beam scales shall be tested for' sensitiveness at zero

'and full loads and shall comply with the requirements specified in Table I. . Beam scales other than Class A shall be tested for sensitiveness at full load only and

shall comply with the requirements specified in Tables 2 to 4. . (i) Class A- beam scales :- For determining the sensitiveness of a Class A beam scale at

no load, the beam scale shall be properly balanced without any load in the pans. A small weight whose mass is accurately known shall be put on one or the pans. This

small weight shall be so chosen that the turning points of the pointer remain within the reading index. The rest point shall be determined by the usual oscillation method. The

weight shall then be transferred to the other pan and the second rest point be 'deter-mined. The shift of the rest point is a measure of sensitiveness. It this shift is 'n'

divisions on the scale and if the mass or the test weight is w' mg, the sensitiveness 'S' in milligrams per division, at no load, is given by the relation:

(d)

(e)

(i)

(ii)

(f)

S =2w/n

Similar test. with appropriate weights in each pan representing the full

capacity of the : beam scale, shall be perform to' determine the sensitiveness of

the beam' scale at 'full load.

(iii)

(b)

(i)

. (ii)

444

THE SIKKIMWEIGHTS AND MEASURES RULES 1983

(ii) Class A beam scales 2g to 20g. : As it is not practicable to make weights of denominations very much smaller than one milligram, the sensitiveness of beam

scales of smaller capacities, that is, from 2g to 20g, shall be determined by means of. a pair of weights, each weight having a mass of approximately mg. The

difference in the masses of the two weight in the pair shall be adjusted to be of the order of 0.05 mg, 0.12 mg or ..050 mg depending on the beam scale under test,

that is, for testing 2g, 5g. 10g. or 20g. beam scale. After balancing the beam scale at zero load, one of the two weights in the pair shall be put on the right pan and

the other weight on the left pan. The rest point shall be determined. The two weights shall then be interchanged and the second rest point shall be similarly

determined. : If the rest points shifts by 'n' divisions and if the difference between the masses of the two rest weights 'w' mg, the sensitiveness 'S' of the beam scale

in milligrams per division:

zero load is given by the relation:

s=2w/n

To determine the sensitiveness of the beam scale at full load a similar test shall be

performed with weights equal to the maximum capacity of the beam scale in each pan.

Beam Scales of Classes other than A with Pointer above Beam.- Pans of a beam scale

other than Class A, shall be loaded with weights representing its full capacity and the scale balanced. Weights of such mass shall the be added -on one of the pans as may move the

tip of the pointer from its equilibrium position by an appreciable distance. After removing these weights the same test shall be repeated on the other pan and the weights required

for moving the tip of the pointer by the same distance on the other side of the equilibrium position shall then be added. If these weights are denoted by 'W1 and 'W2' and

respectively, the sensitiveness 'S of the beam scale is given by the relation :

Inequality Arms test:

Class A Beam Scale - The error due to inequality of arms of a Class A beam scale shall be

determined by loading both the pans with weights made from the same material and representing the full capacity of the scale. The scale shall then be properly balanced by

adding small weights. After arresting the beam, the loads including the small weights shall be interchanged and the scale balance again by putting additional weights on one of the

pans. The additional weight required to balance the scale the second time, shall be equal to twice the error caused by the inequality of the arms of the beam.

Beam Scale Other than Class A- In the case of beam with fixed hooks the beam with

hooks but without chains and pans shall be' checked for balance. If detachable hooks are provided. the beam alone shall be checked. , The loose hooks shall then be attached

and the assembly checked for balance. The chains and pans shall then be attached in the case of both the types of balances and checked again; for balance.

445

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

After checking at no load, each of the pans shall be loaded with weights equal to the

marked capacity of the scale and the scale shall be balanced.

The loads thereon shall then be interchanged and the beam scale balanced again by

adding necessary weights. on one of the pans. The additional weight shall be equal to

twice the error due to inequality of arms of the beam.

In the case of the beams with attached hooks, the loads shall be interchanged along

with the chains and pans and in the case of beams with detachable hooks the loads shall

be. interchanged along with the hooks, chains and pans.

(iii) The figure so obtained shall be halved to determine the error at full-load'. These

should lie within the limits specified in Tables 1 to 4.

(c) Shift Test.

(i) . .

Class A Beam Scales: The pans of the beam scale shall be loaded with weights

representing half its capacity and the scale properly balanced. Shifting the weight

in one of the pans gently' to different positions on the pan after arresting the beam and

releasing again shall not produce any appreciable difference in the balance of the beam

scale. Moving the weight on the other pan in a similar manner shall also not produce any

appreciable difference. in the balance of the beam.

(ii) Beam Scales Other Than. Class A.- With the pans loaded to half the capacity, no

appreciable difference in. the. accuracy of the instrument shall result from. moving

the knife-edges or bearings laterally or backwards and forwards within their limits of

movement.

Similarly, when the above load is moved to any position on the pan, the difference

shown shall not be appreciable.

NOTE: The words 'appreciable difference' shall mean 'a' difference which can be detected,

but the Inspector should. exercise his discretion in each particular case.

6. SEALING,

.(a) All weighing, instruments shall be provided by the manufacturer with a plug/plugs. or

stud/studs of soft metal to receive the stamp or seal of the verifying authority. Such plug/plugs shall be provided in a conspicuous part of the' instrument and shall be made in

such a manner as to prevent its removal without obliterating the seal/seals.

Verification Inspection Capacity

Sensitiveness per division of scale at no load and at full load

Greatest error allowed when fully loaded

Sensitiveness per division of scale at no load and at full load

Greatest error allowed when fully loaded

1 2(mg) 3(mg) 4(mg) 5(mg) 2g 0.02 0.04 0.06 0.80

5g 0.05 0.10 0.15 0.20 10g 0.10 0.20 .030 0.40

20g 0.20 0.40 0.060 0.80 50g 0.50 1 1.5 2

100g 1 3 3 4 200g 2 4 6 8

500g 5 10 15 20 1kg 10 20 30 40

2g 20 40 60 80 5g 30 60 90 120

10kg 50 100 150 200 20g 100 200 300 400

50kg 200 400 600 800 TABLE 2 LIMITS FOR SENSITIVENESS AND GREATNESS ERRORS FOR BEAM SCALES CLASS B Verification Inspection

Capacity

Sensitiveness at no load and at full load

Greatest error allowed when fully loaded

Sensitiveness at no load and at full load

Greatest error allowed when fully loaded

1 2 3 4 5

2g 1mg 2mg 3mg 4mg

5g 2mg 4mg 6mg 8mg

446

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

TABLE I-LIMITS FOR SENSITIVENESS AND GREATEST ERROR FOR BEAM SCALES: - CLASS A'

TABLE 3 LIMITS OF SENSITIVENESS AND GREATEST ERRORS FOR BEAM SCALES CLASS C

447

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

Table 2(continued)

1 2 3 4 5 10g 3mg 6mg 9mg 12mg

20g 5mg 10mg 15mg 20mg 50g 10mg 20mg 30mg 40mg

100g 20mg 40mg 60mg 80mg 200g 30mg 60mg 90mg 120mg

500g 50mg 100mg 150mg 200mg 1kg 100mg 200mg 300mg 400mg

2kg 200mg 400mg 600mg 800mg 5kg 300mg 600mg 900mg 1.2g

10kg 500mg 1g 1.5g 2g 20kg 1g 2g 3g 4g

50kg 2g 4g 6g 8g 100kg 5g 10g 15g 20g

200kg 10g 20g 30g 40g

Verification Inspection Capacity

Sensitiveness at no load and at full load

Greatest error allowed when fully loaded

Sensitiveness at no load and at full load

Greatest error allowed when fully loaded

1 2 3 4 5

100g 100mg 200mg 300mg 400mg 200g 200mg 400mg 600mg 800mg

500g 500mg 1g 1.5g 2g 1kg 1g 1g 1.5g 2g

2kg 2g 4g 36g 8g 5kg 3g 6g 9g 12g 10kg 5g 10g 15g 20g 20kg 10g 20g 30g 40g

50kg 15g 30g 45g 60g 100kg 25g 50g 75g 100g

200kg 50g 100g 150g 200g 300kg 75g 150g 225g 300g

500kg 100g 200 300g 400g 1000kg 150g 300 450g 600g

448

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

TABLE 4 -LlMITS OF SENSITIVENESS AND GREATEST ERRORS FOR BEAM SCALES:

CLASS 'D'

Verification Inspection

Capacity

Sensitiveness at

no load and at

full load

Greatest error

allowed when

fully loaded

Sensitiveness at

no' load and at

full load

Greatest error

allowed when

fully loaded

TABLE 5-LEADING DIMENSIONS OF BEAM, CLASS B (WITH POINTER ABOVE THE

BEAM)

Capacity

Length between the ends

(Nominal)

Depth at the Centre Thickness of plate at

(Nominal) at the Centre (nominal)

L 0 T

1 2 3 4 5

kg g g g g 1 1 2 3 4

2 2 4 6 8 5 5 10 15 120

10 10 20 30 40 20 20 40 60 80

50 30 60 90 120 100 60 100 150 200

200 100 200 300 400 300 150 380 450 600

500 200 400 600 800 1000 300 600 900 1200

1 2 3 4

mm mm mm Flat Type

2g 70 10 2 2g 95 12 2

10g 110 15 2 20g 120 20 315

THE SIKKIM WEIGHTS AND MEASURES RULES1983 TABLE 5 (CONTD 1 2 3 4 50G 135 22 3.15

100G 150 25 4 200G 170 25 5

500G 200 30 5 1KG 250 40 6

2KG 200 45 6 5KG 450 50 6

10KG 500 58 8 20KG 600 58 10

50KG 750 100 15 900KG 1000 110 18

200KG 1250 125 25 OPEN PATTERN(BRIDGE ) TYPE

200G 170 25 5 500G 260 37 5

1KG 310 44 5 2KG 350 48 5

5KG 450 60 6 10KG 500 70 8

20KG 600 80 10 50KG 750 120 15

100KG 1000 150 20

450

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

TABLE 6-LEADING DIMENSIONS OF BEAM, CLASS B

('FLAT AND OPEN PATTERN TYPE WITH POINTER

BELOW THE BEAM)

Length between Depth at the Thickness of

the ends Centre (Nominal) plate at the centre

Capacity (Nominal) Knife-Edge

(Nominal)

L D T

1 2 3 4

mm mm mm

2 g 70 3 2

5g 9I 3 2

10 g

110 4 2

20 g

120 20 3.15

50 g

135 20 3.1 5

100 g

I 5O 20 4

200 g 200 20 6

500g 235 25 8

I kg 300 30 8

2 kg 320 30 8

5kg 35O 32 10

10 kg

400 40 12

2O kg

5OO 5O 14

50 kg

700 70 18

100 kg

800 80 20

200 kg

1250 125 25'

100g 150mm 30 4

200g 200mm 40 5

500g 300mm 40 6

1kg 350mm 45 6

2kg 400mm 45 6

5kg 550mm 70 6

10kg 600mm 80 6

20kg 750mm 108 8

50kg 900 116 8

100kg 1200 133 14

200kg 1350 148 16

300kg 1650 154 18

500kg 1800 178 25

100kg 2000 200 32

.

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

TABLE 7 LEADING DIMENSIONS OF BEAM, CLASS C (SWAN-NECK TYPE)

Length' between the Depth at the Centre Thickness of Plate at

ends (Nominal) (Nominal) the Centre Knife-Edge .

T

451

Capacity

L FD

1 2

mm

3 mm

4 mm

. .

TABLE8 LEADING DIMENSIONS OF BEAM CLASS C (DUTCH END TYPE)

Capacity Length between the

end Knife edges

(Normal) I (mm)

Depth at the centre

(Nominal) D (mm)

Thickness of Plat at

the Centre Knife Edge

(Normal) T(mm)

1 2 3 4

100g 150 35 4

200g 200 40 5

500g 300 40 6

1kg 350 45 6

2kg 400 45 6

5kg 450 70 6

10kg 450 75 8

20kg 600 75 8

50kg 750 80 8

100kg 900 120 14

200kg 900 133 16

300kg 1050 142 16

500kg 1350 192 20

1000kg 1650 203 25

1 2 3 4

kg mm mm mm

Swan-Neck with Flat Hooks Fixed

1 350 45 6

2 400 45 6

1 2 3 4

5 550 70 6

10 600 80 6

20 750 108 8

50 400 116 6

100 1200 138 14

200 1350 148 16

300 1650 154 18

With Detachable Flat Hooks

500 1800 178 25

1000 2000 200 32

Thickness of Plate at the Centre Nominal

T

Depth at the Centre (Nominal)

Length between the

end Knife-edges (Nominal)

L

452

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

TABLE 9 - LEADING DIMENSIONS OF BEAM CLASS D

Capacity D

Capacity

I.

PART III - COUNTER MACHINES

DEFINITION

A counter machine is an equal armed weighing instruments capacity not exceeding 50 kg, the pans of which are above beam. Figure 1 illustrates a typical counter machine.

2.

3.

(b)

CAPACITIES

The machines may be of the following maximum capacities; 500 g, 1 kg, 2

3 kg, 5 kg, 10 kg, I5 kg, 20 kg, 25 kg, and 50 kg.

GENERAL REQUIREMENTS:

(a) When the beam or body has two sides, they shall be connected together by not

less than two cross-bars. The supports for the pans shall be of a suitable rigid

structure such as cross members strengthened by straps. Central pieces or forks

shall be fixed' so that they are not twisted or dislocated.

Bearing surfaces knife-edges and points of contact of all stays, hooks and loop

shall be of hard steel or agate. The knife-edges and bearings shall be so fitted as

to allow the beam to move freely. The knife-edges shall rest upon the bearings

along the whole length of their working part.

(c)

(d)

(e)

453

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

A counter machine may have a balance box for minor adjustments. In such a case,

the balance box shall be permanently fixed beneath the weight pan, and shall be large enough to contain loose material to an amount up to one percent of the

capacity of the machine. No other adjusting contrivance shall be used.

The pans may be of any suitable material such .as mild steel, stainless steel, brass

or bronze. They may be of any convenient shape.

The minimum fall either way on counter machine shall be as follows

Fall Capacity

500 g, I kg and 2 kg

3 kg, 5 kg, 10 kg, 15 kg

20 kg, and 25 kg

50kg

6 mm

10mm 12 mm

13 mm

4. TESTS :

(a)

(b)

(i)

The machine shall be tested on a horizontal level plane.

Sensitiveness and error.

(ii)

The machine shall be tested for sensitiveness at full load with the beam in hori-

zontal position. The addition of the weight specified in cols. 2 or 4 as the case may be in Table I shall cause the pointer to rise or fall to the limit of its range of

movement.

The error is the weight if any required to bring the beam of the instrument to a

horizontal position when fully loaded with weights equal to its capacity on both

pans. It shall not exceed the limits specified in cols. 3 and 5 as the case may be of Table I.

The test for sensitiveness shall be carried out only with the pans loaded to the full

capacity. of the machine.

When the goods pan is in the form of a scoop, the machine shall be correct to the

prescribed limits of error if half the full load is placed against the middle of the back of the scoop and the other half at any position on the scoop.

When the goods pan is not in the form of a scoop, the counter-machines indicate

the same weight within half the prescribed limits of error, if the centre of a load equal to half the capacity. is placed on the goods pan anywhere within a distance

from the centre equal to one-third of till' greatest length of the pan, or if the pan has a vertical side against the middle of that side, the weight being entirely on the

weight pan, but in any position on it.

(c)

(d)

(e)

454

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

TABLE 1- SENSITIVENESS AND ERRORS FOR COUNTER MACHINES. ,,----

Sensitiveness' when fully loaded

Verification

Greatest error allowed in excess

or deficiency when fully loaded

Sensitiveness Greatest error when fully allowed when

fully loaded Capacity

1 2 3 4- 5 500 g I.5g 2.2g 4.5g 4.5g

I kg 2.0g 3.0g 6.0g 6.0g

, 2 kg 3.0g 4.0g '9.0g 9.0g

3 kg 4.0g 6.0g 12.0g 12.0g

5 kg 6.0g 9.0g 18.0g 18.0g

10 kg 7.0g 10 .5g 21.0g 2 I. 0g

I5 kg 8.0g I2.0g 24.0g 24.0g

20 kg 9.0g 13.5 g 27.0g 27.0g

25 kg l0.0g 1 5 .0g 30.0g 30.0g

5O kg I5.0g 30.0g 45.0g 60.0g

Each machine shall be provided with a plug or stud of soft metal on a conspicuous part of the beam or body for receiving a seal. Such a plug or stud shall be made irremovable by undercutting it or by some suitable method.

PART IV - STEELYARDS.

I. DEFlNITION

A steelyards means an unequal armed balance.

CAPACITIES

Steelyards may be of the following capacities: 5 kg,

kg, I5O kg, 200 kg, 250 kg, 300 kg, 500 kg and 1000 kg.

2.

10 kg, 20 kg, 50 kg, 100

3. DESIGN AND CONSTRUCTION

(a) (b) (c)

The general design of steelyard shall be as given in Fig. I.

Steelyards shall be made of either mild steel or stainless steel. The shank shall be perfectly straight 'but its cross-section need not necessarily be

uniform. throughout. Notches or graduations on the shank shall be cut in one plane and at right angles to the shank.

'The design of the sliding poise shall be such that the nib remains secure in the notch. .

(d)

(f) .

(h) (i) 4. TESTS. (a) (i)

(d)

455

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(c) Steelyards shall be provided with a stop or other suitable arrangement to 'prevent excessive oscillation of the shank.

The sliding point and suspending hooks shall be securely attached to the instrument.

All end-fittings such as the nut attached to prevent the poise-carrier riding off the steelyard, shall be securely fixed to the shank. The sliding poise shall be freely

moveable and there shall be a stop to prevent it from travelling behind the zero mark. Steelyards having counterpoise or travelling poise shall be provided with a

hole or other suitable means for the future adjustment of the counter-poise or travelling poise such hole being undercut. Wherever loose material is used in the

travelling poise, it shall be securely enclosed.

(g) Steelyards shall be neither reversible nor have three books, and shall not be of

counter type.

Steelyards shall be provided with a vertical pointer .directly above the fulcrum to

indicate the true equilibrium.

If a movable hook, tray or bucket is med it shall form an essential part of the steelyard without which it is not possible to balance the steelyard.

Steelyards shall be tested a full load for sensitiveness and error, and shall comply with the requirement of Table I.

The test for sensitiveness shall be carried out at full load with the steelyards in

horizontal position. The addition of the weight specified in column' 2 or 4 of

Table I shall make the steelyard turn.

(ii) The error or the weight, if any required to bring the steelyard to a horizontal positionwhen fully loaded shall not exceed the limits specified.

(b) Each numbered graduation shall be tested and the instrument shall be correct

whether the test is carried out with increasing or decreasing loads.

(c) The intermediate graduations shall also be tested to see that they are correct and are at proper distance apart.

No test for sensitiveness at a lower load shall be made.

456

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

TABLE I - SENSITIVENESS AND ERRORS FOR STEELYARDS

Capacity

:

Verification

Sensitiveness

when fully loaded

Greatest error allowed in excess or deficiency when fully loaded

Inspection

Greatest error

allowed in excess

or deficiency ,

when fully loaded

Sensitiveness

when fully loaded

"

5. SEALING.

Each instrument shall be provided with a plug or stud of soft metal on the front face of the shoulder of the steelyard for receiving the seal of the verification authority.

Such a plug or stud shall be made irremovable by undercutting or by some other suitable method.

PART V- PLATFORM WEIGHING MACHINES.

I. DEFINITION.

A platform weighing machine means a weighing instrument with compound levers

and with the goods receptacle generally in the form of a platform. The capacity of these machines shall not exceed 3 tonnes and the weight of the load is indicated with

steelyard or other form of indicator.

(,a)

(b) The nomenclature of a platform weighing machine is given in Fig. I which shows it 'loose weight' type machine. In the case of 'no-loose-weight' type machine, there are

two sliding poises, one for the major bar and the other for the minor bar of the steelyard.

1 2 3 4 5 5kg 2.5g 3.8g 7.5g 7g

10kg 5g 7.5g 15g 15g 20kg 10g 15g 30g 30g

50kg 25g 50g 75g 100g 100kg 40g 80g 120g 160g

150kg 60g 120g 180g 240g 200kg 80g 160g 240g 320g

250kg 100g 200g 300g 400g 300kg 120g 240g 360g 480g

500kg 200g 400g 600g 800g 100kg 400g 800g 1200g 1600g

457

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

CAPACITIES

Platform weighing machines may. be of the following capacities, 10 kg, 20 kg, 50

kg, 100 kg; 150 kg, 200 kg, 250 kg, 300 kg, 500 kg, 1000 kg, 1500 kg, 2000 kg and 3000

kg.

GENERAL REQUIREMENTS

(a)

(i)

(iii ) (iv)

(b)

Steelyard

The steelyard in the platform weighing machine shall not have any readily

removable part except the support for proportional weights. There shall be one or

more stops to prevent the sliding poise or poises from travelling behind the zero

mark. The minimum travel of a steelyard in platform machine shall be 10 mm either

way.

(ii) The top and bottom of the guide and I or steelyard shall be fitted with nonmagnetic material.

When the steelyard is provided with notches, these shall be suitable protected. . The value of the smallest division on the minor bar shall not exceed the greatest error allowed for that capacity except for machines of capacities 200 kg and below in which case the value of the smallest division may exceed error prescribed for the capacity but not exceed 100 g. .

(v) The value of the smallest graduation on dials or minor steelyards, and wherever possible major steelyards shall be I g. 2 g, 5 g, or may multiple by 10, or any power

of 10 (for instance 100, 1000 etc.) of any of these weights. Platform.

(i) The. permissible extension of the platform on either side of the box in the case of-extended platform shall be not more than 25 percent of the length of the box. If a movable hutch, barrow, or bucket is used ,with the ordinary platform, it shall form an essential part of the machines without which it is not possible to balance the machine. The movable hutch, barrow, frame or bucket shall be identified with, the machine and when in position on the platform, it shall be as central as possible.

(ii)

(c)

(i)

Balancing Arrangement.

Where a balance box is provided on the steelyard, the balance ball shall not be

easily accessible.

The balancing arrangement for daily wear and. tear shall have' a 0.5 percent of

the capacity of the machine and not less than 0.125 percent of the capacity each

way (see Table I). The balance box containing the balancing ball shall be securely

attached to the steelyard, preferably by passing bolt through the casing to the

steelyard. The balancing ball shall be actuated by a detachable key.

(ii)

(d)

458

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

In the case of platform machines provided with dials:

(i) The racks and pinions shall be of suitable hard-wearing material and shall be

finished smooth;

(ii) The extremity of the pointer shall, in no position be at a greater distance than 5 mm from the graduated surface of the dial. Further, the extremity of the pointer shall be

on the graduated portion of the dial, and it shall be so made as not to obscure the graduations or make them difficult to read; and

The dial shall be graduated into equal parts and the minimum width between the

graduations shall be not less than 2 mm.

(e)

(f)

The machine may if required, have arrangement for making up the tare.

For machines without proportional weights, the total capacity shall be that

indicated on the major steelyard.

TABLE 1- RANGE OF BALANCING ARRANGEMENTS

Capacity

Range of balancing arrangement

Max.0.5 percent of Min. 0. 125 percent of

capacity capacity each way

2 3

10 kg

10 kg'

50 kg

100kg

150 kg

200 kg

250 kg

300 kg

500 kg

1000 kg

1500 kg

2000 kg

3000 kg

50 g

100 g

250 g

500g

750g

1.0kg

1.3 kg

1.5 kg

2.5 kg

5.0 kg

7.5 kg

10.0 kg

15.0 kg

12 g

25 g

60 g

125 g

185

250 g

310 g

350g

625 g

1.2 5 kg

1. 88 kg

2.50 kg

3.75 kg

(iii)

I

4 PROPOTIONAL WEIGHTS

(a)

Note

NOTE

All loose proportional weights in a platform machine shall be identified with the machine by a number or any other 'suitable mark of identification, which shall

be indelible. The counter-poise weights shall be marked with their equivalent weights as indicated in, Fig. 2.

The proportional weights shall be hexagonal in shape with a slot of suitable size to

allow then being-placed on the counter balance (see Fig. 2). The proportional weights shall 'be made of cast iron or brass.

The proportional weights shall have one rectangular loading hole which shall be undercut or tapering outwards so as to hold. lead securely for adjustments. The

undercut hole shall be reasonably large to accommodate the lead required for adjustments. The surface of the lead in the loading hole of a new proportional

weight shall be at least 3 mm inside from the bottom surface of the weights.

In the case of platform machine provided with proportional weights the smallest denomination of the proportional weights shall be equivalent to the weights

represented by the maximum graduation on the steelyard.

The denomination of the proportional weights shall be I kg, 2 kg, 5 kg or a

.multiple or sub-multiple by 10 or a power of 10 (100, 1000 etc) of any of these weights. Any number of proportional weights in anyone of the aforesaid

denominations may be included provided the total of all the proportional weights does not exceed the capacity of the. weighing instrument. '

'(b)

(c)

(d)

(e)

(f)

(g)

While arriving at the capacity of the platform machine the maximum graduation shown on the steelyard in the case of 'loose-weight' platform machines and on the minor bar in the case of no-Ioose-weight' type machines shall not be taken into account. .

The total capacity 'of the machine shall include the capacity of graduated tare bar or bars' wherever provided.

When tare bars are used and are not graduated except with a zero mark only,

they shall not be taken into account when calculating the capacity of the

machines. Ungraduated tare bars shall be marked with zero.

TESTS AND, TEST REQUIREMENTS :

(a) The Steelyard of a platform weighing machine shall remain horizontal at no

load.

Platform weighing machines shall be tested to verify the accuracy of graduation or

notches up to the total capacity .

All loose proportional weights where these are, provided shall be tested and

then ,suitably sealed to 'prevent tampering.

(b)

(c).

TABLE 2

--.--.

Capacity

460

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(d) With one quarter of the maximum load (or as near thereto as practicable) placed in

the middle or at any of the corners of the platform, the platform weighing machine

shall show the correct weight within half the limits of error prescribed in Table 2 in

Col. 3 for non-dial type machine and in Col. 4 for dial type machines.

Platform weighing machines with steelyard arrangement shall be tested for

sensitiveness and error at full load or as near to it as practicable. The sensi-

tiveness and permissible error shall not exceed the limits prescribed in Cols 2 and

3 respectively of Table 2.

The machines shall be tested at loads corresponding to the major divisions or

notches

With the exception of sensitiveness test (see (e) above the other tests mentioned

'above shall be carried out in a similar manner on dial type machines also These

machines shall comply with the requirements prescribed in Col.4 of Table 2

(e)

(f)

(g)

SENSITIVENESS AND ERRORS FOR PLATFORM MACHINES

------------ -.

Verification Inspection

Sensitiveness when fully loaded

Greatest error allowed in excess or in deficiency when fully loaded for '

Sensitiveness when fully loaded

Greatest error allowed in excess

in or deficiency when fully loaded

for

Non-dial type

machines

Platform machines Non .dial type

fitted with dials machines

Platform machines fitted with dials

50 kg .. 10 g 20 g A weight cor- 30g 4g A weight cor. 100 kg .. 20 g 40 g responding to 60 g 80 g responding to I 50kg .. 30g 60 g one half the 90g 120 g the interval

200. kg .. 40 g 80 g interval between

120 g 160 g between

250kg .. 50 g 100 g consecutive. I5O g 200 g consecutive 300kg 60 g 120 g graduations- 180 g 240 g graduations

500kg .. 100 g 200 g 300 g 400 g

1000 kg .. I25g 250 g 375 g 5OO g 1000,kg .. 200g 400 g 600 g 800 g

2000 kg .. 250 g 500 g 750g 1000 g 3000 kg .. 300 g 1000 g 900 g 2000 g

6.,

461

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

SEALING:

(a) Platform machines of the dial type shall be fitted with a soft-metal plug for

receiving the seal of the verification authority and wherever practicable, this

plug shall be passed through the dial and frame. The plug or stud fitted on the dial

shall be so supported as to prevent the risk of any damage to the instrument.

On. platform machine other than those of the dial type, a plug or stud shall be

provided in a conspicuous position on the indicating lever or steelyard. (b)

PART VI - SPRING BALANCES: I.

DEFINITION:

2.

3.

(Ii)

A spring balance is an instrument which, on the application of the load to be

weighed, indicates the whole weight by. the extension or compression of a spring,

such extension or compression being registered by means of a pointer on a dial.

The general arrangement of spring balance without scoop and support is illus-

trated in Fig. I.

CAPACITIES:

(a)

(b)

The spring balance shall be of one of the capacities shown in Table I.

GENERAL REQUIREMENTS:

(a) In addition to the general requirements specified in Part I of the Schedule,

spring balance shall comply with the' requirements ..given below:

The spring balance with the goods pan below the spring shall be suspended

permanently from a stand, support or brackets.

If pans are provided to the balance, they shall be made of brass, bronze, cast iron

mild steel or stainless steel. Metal chains or metal supports shall be provided if

pans are suspended. When mild steel is used, it shall be suitably protected against

corrosion.

The extremity of the pointer shall not exceed 1.0 mm in width and shall not be more

than 3.0 mm away from the graduation on the dial.

The dial shall be graduated into equal parts, and the width apart of .the graduation

shall be not less than 2 mm

The dial shall be graduated into equal parts, and the width apart of the graduations

shall be not less than 2 mm.

The weight corresponding to the interval between consecutive graduation marks

shall not exceed the values given in Table I.

When . the graduation commences' at a fixed' load, the position of the index,

when there is no load, shall be clearly indicated by a zero mark.

(b)

(c)

(d)

(e)

(e)

(i)

462

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

When a spring. balance is. provided with- adjustable indicator, the range- of

adjustment shall not .exceed one percent of the capacity' of the 'instrument. except in the case of instruments used for.. mining purposes where it shall not

exceed two. percent.

Spring balance shall have a device incorporated in the design to prevent over

loading.

The body of the spring balances shall be constructed of brass, cast iron, mild steel

or any other suitable material, and shall be sufficiently robust in construction.

(f)

(g)

(h)

TABLE I-MAXIMUM ERRORS FOR SPRING BALANCES

- Maximum Error Weight. corresponding Capacity to. interval between consecutive-graduation (Max)

Remarks

I 2 3 4

I kg 2 kg 5kg

10 kg I5 kg 20 kg

100 kg I5O kg I5O kg 200 kg 300 kg

500 kg

5g 10 g 20 g 50 g 50g

100 g 500 g 1.0 1.0 1.0 kg 1.0 kg 2.0 kg

A weight corresponding to. 2 5 percent of the interval between successive graduations.

While fixing the diameter of effective circle an .dial of one evolution, a blank space of I5 mm at the end of graduations has to. be provided. In the case e . of .multi evolution spring balances, the minimum blank space requirement shall not apply.

A weight corresponding to 50 percent of the interval between successive graduations.

Note :-Inspection tolerances shall be double the values shown in Col. 3

4. TESTS

(a) When the pan is below the spring, the prescribed limits of error shall not be exceeded, wherever the load is placed an it.

(b) If the pan is in the form of a scoop and half the full load is placed the furthest point from the centre of the scoop and the other half at any position, the spring balance shall be correct to. prescribed limits of error.

(f)

s. SEALING

463

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

(q When the. pan is not in the form of a scoop, the spring balance shall indicate the

correct. weight within half the prescribed limits of error if the centre of a load equal to

half the capacity is placed on the pan an)where within a distance from the centre

equal to one-third of the greatest length of the pan, or if that pan has a vertical side

against the middle of that side the weight being entirely on the weight pan.

Each graduation shall be tested. .

The instrument shall be correct whether the test is made by progressively increasing

or decreasing the loads, provided that in either case the spring shall be allowed to

vibrate before the reading is taken.

The balance shall be loaded to its capacity, and the load maintained for a period of

24 hours after which it shall be removed. Four hours after removal of the load, the

balance shall not show any permanent set. Further, when tested as stated in (e)

above, it shall record correct readings.

Spring balances shall not be tested for sensitiveness.

(d)

(e)

(g)

Spring balances shall be, fitted with a soft plug to receive a seal and wherever practica-ble, this plug shall pass through the dial or frame. The plug or stud shall be so supported

to allow no risk or injury to the instrument.

PART VII- WEIGH BRIDGES

A. weighbridge shall mean a weighing instrument constructed with compound levers with the indicator system carried on foundations separate from the lever systems to weigh loads of

capacities 1000 kg (one tonne) and over, through the medium of proportional weights or indicating mechanism. A typical weighbridge is illustrated in Fig. I.

2. CAPACTIES.

Weighbridges may be of the following capacities:

I t, 2 t, 3 t, 5 t, l0t, 15t, 20t, 25t, 30 t, 40 t, 50 t, 60 t, 80 t, 100 t, 150 t, 200 t, 300 t, 400. t.

3. GENERAL REQUIREMENTS.

(a) In addition to the general requirements specified in Part I of this Schedule, weighbridges shall comply with the requirements given below.

Framework :- Where the weighbridge is fitted with a framework, it shall be built up of mild steel sections or cast iron or cast steel. It shall be of rigid structure, suitably

strengthened so that it is capable of resting excessive vibrations and shall not throw the lever system out of alignment. Brackets shall be provided on the side and end

frames to secure the framework.

(b)

(h)

464

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(c)

( i )

Steelyard

The steelyard of a weigh bridge shall not have any readily removable parts except

the support for the proportional weights. There shall be one or more stops to

prevent the sliding poise or poises from travelling behind the zero mark.

The minimum travel of the steelyard in weighbridges shall be 13 mm each way.

The top and the bottom of the guide and/or steelyard shall be fitted with non-

magnetic material.

When the steelyard is provided with notches, the latter shall be suitably protected.

The value of the smallest division on the minor bar shall not exceed the greatest

error allowed for that capacity (see Table 2).

(ii)

(iii)

(iv)

(v)

.d) Graduation :- The value of the smallest graduation of dials or minor steelyards, and

wherever possible major steelyards of 'weighing instruments shall be Ig, 2g, 5g, or

any multiple by 10 or a power of 10 (for instance, 100, 1000 etc.) or any of these

weights.

Platform

The platform shall be either chequered or plain, and shall be made of cast iron or

steel plates. It shall be rigid and sufficiently strong to carry the maximum load. The

foundation shall provide for a manhole to facilitate easy access to the pit.

If a movable hutch, barrow, frame or bracket is used with the ordinary platform it

shall form an essential part of the machine without which it is not possible to

balance the machine. The movable hutch barrow, frame bucket shall be identified

with the machine and when in position on the platform, it shall be central as

possible.

Balancing Arrangement:- The balancing arrangement for daily wear tear shall have

a range not exceeding 0.5 percent of the capacity of the machine and not less than

0. 125 percent of the capacity each way. The balance box connecting the

balancing ball shall be securely attached to the steelyard, preferably by passing a

bolt through the casting to the steelyard. The balancing ball shall be actuated by a

detachable key.

In the case of 'weighbridges provided with dials:

Racks and pinions,' shall be of suitable hardwearing material finished smooth.

The extremity of the pointer shall, in no position be at a greater distance

than 5 mm from the graduated surface of the dial. Further, the extremity of the

pointer shall be on the graduated portion of the dial, and it shall be so made. as not

to obscure graduations or make them difficult to read.

The dial shall be graduated into equal parts and the minimum width between

graduations shall be not less than 2 mm.

For non-loose weight steelyard machines, the total capacity shall be that which

is indicated on the steelyard. ,

(e)

(i)

(ii)

(f)

(g)

(i)

(ii)

(iii )

465

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

4-. PROPORTIONAL WEIGHT

All loose proportional weights shall be identified with the machine by number or any other suitable mark of identification which shall be indelible.

They shall be marked with their equivalent weights as shown in Fig. 2.

. Proportional weights shall be hexagonal in shape with a slot of suitable size

allow their being to placed on the counter balance (see Fig. 2).

The proportional weights shall be made of cast iron or brass.

The proportional weights shall have one rectangular loading hole which shall be

undercut or tapering outwards so as to hold lead securely for adjustment The surface of the lead in the loading hole of a new proportional weight shall be at least

3 mm inside from the bottom surface of the weight.

The smallest denomination of the proportional weight shall be equivalent to the

weight represented by the maximum graduation on the minor bar.

The denominations of the proportional weights shall be I kg, 2 kg, 5 kg or multiple sub-multiple by 10 or a power of 10 (100, 1000 etc.) of any of these

number of proportional weights in anyone of the aforesaid denomination may be included provided the total equivalent of all the proportional weight does not

exceed the capacity of the weighing instrument.

Note- While arriving at the capacity of the weighbridge the maximum graduation shown on

the steelyard in the case of 'loose weight' weighbridge and on the minor bar in the case of 'no-Ioose-weight' type weighbridges shall not be taken into account.

(g) The total -capacity of the machine shall include the capacity of graduated tax

bars wherever provided.

Note :-When tare bars are used and not graduated except with a zero mark only, they shall

not be taken into account when calculating the capacity of the machines. Ungraduated tare bars shall be marked with zero.

(a)

(b)

(c)

(d)

(e)

(f)

5. TESTS AND TEST REQUIREMENTS

(a)

(b)

The steelyard of a weighbridge shall remain horizontal at no-load.

Weighbridges shall be tested to verify the accuracy of graduations or notches

up to the total capacity.

All loose proportional weights, where these are provided, shall be tested and then

suitably sealed to prevent tampering.

With one quarter of the maximum load (or as near thereto as practicable) placed in

the middle or at any of the corners of the platform, the weighbridge shall indicate

the same weight within half the limits of error prescribed in Table. 2 in Col. 3 for

non-dial type machines and in Col. 4 for dial type machines.

(c)

(d)

466

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

TABLE I-RANGE OF BALANCING ARRANGEMENT

Capacity

Range of Balancing Arrangement

Max. 0.5 percent of capacity Min. 0. 125 percent of

capacity each way

2 3

It

2 t .. 3t

5t 10 t

15 t 20 t

25 t 30 t

40 t. 50 t

60 t 80 t

100 t 150 t,

200 t 300 t

400 t

kg kg

1.25

2.50

3.50

3.75

12.5

19.0

25.0

31.0

35.5

50

62

75

5 10

I5 25

50 75

100 125

150

200 250

300 400

500 750

125

188

250

375

500

. .

100

1000 1500 1000

. (i)

.

(e) Weighbridge& with steelyard arrangement shall be tested for sensitiveness and error at full load or as near to it as practicable. The sensitiveness and permissible error shall not exceed the limits prescribed in Cols. 2 and 3 respectively .of Table 2.

The machines shall be tested at loads corresponding to .all major divisions or notches.

(ii) With the exception of sensitiveness test, the other tests mentioned above shall be

carried out in a similar manner on dial type machines also. These machine shall

comply with the requirements prescribed in Co1. 4 of Table 2.

467

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

TABLE 2-SENSITIVENESS AND ERRORS FOR WEIGHBRIDGES

Capacity of Machine KG KG KG KG 1t 1.1 1.2 3.3 2.4 2t 1.2 1.4 3.6 2.8 3t 1.3 1.6 3.9 5t 1.5 2.0 6.0 3.2 10t 2.0 3.0 4.5 4.0 15t 2.5 4.0 7.5 8.0 20t 3.0 5.0 9.0 10.0 25t 3.5 6.0 10.5 12.0 30t 4.0 7.0 12.0 14.0 40t 5.0 7.0 15.0 14.0 50t 5.2 7.8 15.6 15.6 60t 5.5 8.5 16.5 17.0 80t 6.0 10.0 18.0 20.0 100t 6.5 11.5 (A) 19.5 23.0 150t 7.8 15.2 23.4 39.4 200t 9.0 19.0 27.0 38.0 (B) 300 t 15.0 30.0 45.0 60.0 400 t 20.0 40.0 60.0 80.0 (A) =A weight corresponding to one half the interval between consecutive graduations (B) =A weight corresponding to the interval between consecutive graduations 6 IDENTIFICATIONS OF PARTS - Detachable parts which may affect the accuracy of the weighbridge shall be indelibly numbered or marked so as to facilitate identification 7 SEALING (a) Dial machines shall be fitted with a soft metal plug for receiving the seal of the verification authority and wherever practicable , this plug shall be passed through the dial and frame .The plug or stud fitted on the dial shall be so supported as to allow no risk of damage to the instrument (b0On weighbridges other than the dial machines , as plug or stud shall be provided in a conspicuous position on the indicating lever or steelyard

Verification Sensitiveness Greatest error when full loaded allowed in excess or in deficiency when fully loaded Non dial type Machines fitted with dial machines

Inspection

Sensitiveness Greatest error

when fully allowed in excess

loaded or in deficiency

when fully

loaded for

Non dial type Machines fitted with

machines dials

468

THE SIKKIM WEIGHTS AND MEASURES, RULES 1983

PART VIII-CRANE WEIGHING MACHINES 1 DEFINITION.

A crane weighing machine is a weighing instrument designed on lever or spring principle specially constructed for suspension from the hook of a crane and fitted with a hook for lifting the load. .

Note :-A lever type machine with open steelyard is illustrated in Fig. I Fig. 2 illustrates a dial type machine.

2. CAPACITIES.

Crane' weighing machines may be of the following capacities : 500kg, I tonne, 2

tonnes, 3 tonnes, 5 tonnes, 10 tonnes, I5 tonnes, 20 tonnes, 30 tonnes, 50 tones 50 tonnes, 100 tonnes and 200

Note :

GENERAL REQUIREMENTS.

(a) In addition to the general requirements in Part I-of the Schedule, crane weighing

machines shall comply with the following requirements. .

The machine shall be sufficiently strong to withstand wear and tear in the

exacting conditions under which .it works. .

No crane weighing machine shall become a permanent link in the 'lifting gear.

All working parts 'in a crane weighing machine shall as far as possible, be suitably

protected from the dust and- damp of the atmosphere. In a lever type machine the

steelyard. shall be made of corrosion resistant, steel to withstand atmospheric

influence and shall be sufficiently rigid and accurate.

(iv) In dial type machines, the racks and pinions shall be of suitable 'hard wearing material

and finished. smooth.

The range, of balancing or adjusting arrangement shall not exceed 2 percent of

the capacity of the machine (See Table 3).

(vi) - In a steelyard type machine, there shall be free movement of the steelyard. In a dial

type machine, the dial indicator shall work freely and return to its initial starting, point

after the load is removed.

(vii) In the case of a crane weighing- machine provided with hooks, -trays or slings, these

shall form essential parts without which it is not possible to balance the

machine. These shall be identified; with the machine. .

The value of the smallest graduation on dials or minor steelyards and, wherever

possible, major steelyards shall be 1g, 2 g, 5 g. or any multiples of 10 or a power

-of 10 (for instance 100, 1000 etc). or any of these weights.

(ix) The total capacity of the machines shall include the capacity of graduated tare

bar or bars wherever provided.

When tare bars are used and are not graduated except with a zero mark only they

shall not be taken into account when calculating the capacity of the machines

Ungraduated tare bars shall be marked with zero.

(i)

3.

(ii)

(iii)

(v)

469

THE SIKKIM WEIGHTS AND MEASURES RULESI983

4. TESTS.

(a)

(f)

Crane machines of the steelyard type shall be tested for sensitiveness and

greatest error at full load, and shall comply with the requirement of Table I.

Crane machines of the dial type shall be tested for greatest error at full load and

shall comply with the requirements of Table 2.

Spring type' crane machines, shall not be tested for sensitiveness.

For spring type machines, the limit of greatest error shall be double of those

prescribed for steelyard machines (See Table)

Each numbered graduation shall be tested and the instrument shall be correct

whether the test is carried out with increasing or decreasing loads. .

The intermediate graduations shall also be tested to see that they are' correct

and are at proper distance apart.

No test for sensitiveness at a load lower than the fun load shall be made

(b)

(c)

(d)

(e)

(g)

s. SEALING.

Crane machines shall be fitted with an removable plug in a conspicuous part,

either on the steelyard or on the dial, to receive the seal of the verification

authority.

TABLE I-LIMITS FOR SENSITIVENESS AND GREATEST ERRORS FOR CRANE

WEIGHING MACHINE STEELYARD TYPE..

Verification Inspection

Sensitiveness when Greatest error Sensitiveness Greatest error

Capacity fully loaded allowed in excess when fully loaded allowed. in excess

or deficiency when fully

loaded loaded

500 kg 100 g 200 g 300 g 400 g

I t 1.lkg I. kg 3.3. kg 2.4kg 2 t 1.2 kg 1.4kg 3.6 kg 2.8 kg

3t 1.3 kg 1.6 kg 3.9 kg 3.2 kg

5t I.5 kg 2.0 kg 4.5 kg 4.0 kg

10 t. 2.0 kg 3.0 kg 6.0 kg 6.0 kg I5 t 2.5 kg 4.0 kg 7.5 kg 8.0 kg

20 t 3.O kg 5.0 kg 9.0 kg 10.0 kg

3O t 4.0 kg 7.0 kg 12.0 kg

50 t 5.2 kg I5.6 kg

100 t 6.5 kg

7.8 kg 11.5 kg 19.5 kg

200 t 9.0 kg 19.0 kg 27.0 kg

470

THE SIKKIM WEIGHTS AND MEASURES RULES 198 3

TABLE 2 - LIMITS FOR GREATEST ERROR FOR CRANE WEIGHING MACHINES DIAL TYPE

Capacity

Minimum weight correspon-ding to interval between

successive graduations

Greatest error allowed in excess or in deficiency when fully loaded

Verification Inspection

500kg 5 kg

1 t 5 kg

2t 5 kg

3 t 10 kg

5 t 20 kg

10t 50 kg

1 5 t 50 kg

20 t 100 kg

30 t 100 kg

50 t 200 kg

100 t ' 500 kg

200 t 500 kg

A weight corresponding. A weight corresponding

to half the interval between successive

when successive graduations graduation

PART IX-AUTOMATIC WEIGHING MACHINES

I. DEFINITIONS

(a) Automatic Weighing Machine-is a weighing instrument in which a self-acting

mechanism effects an automatic feed, weights given loads, registers and totals

or performs some of these functions.

(b) Capacity of a weighing instrument (other than a belt convey or weighted for which the

capacity is stated in terms of weight per hour or weight per cycle and an egg grading

machine), is- the maximum load the instrument is constructed to weight. It includes the

weight represented by the weight beams or other similar devices but devices, but does

not include the weight value of any auxiliary device such as a small bar and poise

designed to determine weights intermediate between graduations on the principal beam

when the maximum weight value of such device does not exceed approximately one

percent of the sum of the principal weight values.

471

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

GENERAL - REQUIREMENTS.

(a) Removable Parts.- Every removable part of the machine, the removal of which would affect the correctness of the machine shall be so made and fitted that it is securely located in its operating position. A part shall be deemed to be readily removable if it is possible to remove it without the use of a tool.

Adjusting Mechanism.- Any adjustable part or mechanism shall be secured or protected so that it shall not be possible to alter it without the use of a tool or to accidentally put it out of order during normal working.

Manual Controls.-:Where a manual control is fitted to operate the discharge of the load, it shall be un operatable when the weighing machine is in action.

Interlocking Mechanism.- The machine shall have such construction that the feed of material to the weighing hopper and discharge of material from it shall be impossible simultaneously.

Compensating Mechanism: Where an automatic weighing machine is fitted with mechanism to compensate for material in flight after . the feed has

stopped this device shall have a range of adjustment sufficient for any load of any material which the machine is designed to 'weigh.

Residue Weighing Attachments :-Attachments for ascertaining the weight of .part loads or residues shall have the same weighing capacity as that of the machine of which they form part.

Means of Testing - Machines of a capacity exceeding 50 kg shall be provided with:

a visible indicator or pointer so that balance of the beam may be determined and

means to enable the discharge to be arrested to enable any load to be checked by observation of the weighing beam or indicator, and

provision for removing the influence of the compensating mechanism from the weighing beam or indicator.

(b)

(c)

(d)

(e)

(f)

(g)

(i)

(ii)

(iii )

(h) Remote, Indicating and Printing Mechanism:- An automatic weighing machine may be fitted with a remote indicating or printing mechanism. - In machines fitted with a graduated scale the weight increments of the remote indicator or ticket printer shall not exceed the 'increments of the graduated scale.

Weighing Hoppers- The interior surfaces of all weighing hoppers shall be such as not to impede the ready discharge of the whole contents. . The weighing hoppers shall be so constructed as to facilitate complete discharge, if necessary. by auxiliary equipment.

Protection :- The surfaces of all parts of the weighing mechanism including the weighing hopper and weights hopper or pan shall be shaped in such a manner or suitably protected in such a manner as to minimize the accumulation of dust or material on such parts.

(i )

" ) (j

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THE SIKKIM WEIGHTS AND MEASURES RULES.1983

4. TEST FOR ACCURACY:

(a)

(b)

(ii)

(c)

(ii)

(a)

, (d)

Method' of Testing : - Every automatic weighing machine shall be tested, by taking any 20 consecutive loads weighed. by the machine; and

reweighing the same loads on any other weighing machine, provided that, if the Inspector thinks fit he may so weigh and reweigh more than 20 separate loads of

which any 20 separate consecutive loads may be treated as test loads.

(i)

In any case where the testing procedure specified at 4 (a) is not practicable, the, machine may be tested by :

testing the accuracy of the visible indicator or pointer, by directly applying to the machine the appropriate test' weights, and'

testing the accuracy of any 20 consecutive loads weighed. in, the weighing hopper by reference to the-visible indicator or pointer.

Limits of Error (On Initial Verification)

The accuracy of an automatic weighing machine shall be. tested by reweighing

a total test load equal to not. less than forty by reweighing a maximum load for which it is designed, on another instrument (the accuracy, .of which. has been previously verified by the, Inspection).The total test load shall be built by individual' loads varying ,from the minimum load marked in the machine to the maximum. Where 'this test is not practicable the ,machine shall be tested by the application, of standard weights.

When tested by the application of test weights the limits of error, of the indicator

shall be as given in Table I .

When tested by the reweighing of loads.

'(i)

(b)

(a)Machines not .exceeding 5 kg capacity. 0.5 percent in ,excess only of the purported weights of each test ,load, provided that, where in the opinion of the Inspector the maximum unit weight of the product makes it 'desirable, 'in any test load which exceeds 0.5 percent in excess of the purported weight. of the test load, the single piece' or item, which appears to be the largest single piece

,or item in that test load shall be ,removed, and the test load then reweighed. Such test load shall not then exceed 0.5 percent in excess of the

purported weight of the test load.

Machines exceeding 5 kg capacity' 0.5 percent in excess or deficiency of ,the purported weight of each test, load. .

,Machines used only for the weighing' of grain 0.25 percent in, excess ,or deficiency

of the purported weight of each test, load.

Machines used-only for the weighing of solid fuel and of a 'capacity of 100 kg

or less - 2 percent in excess only of the purported weight of each test load:

(c)

' (a)

(5) MARKING

Maximum and 'Minimum Loads - Every .automatic, weighing machine shall be

marked clearly in letters of uniform 'size of a minimum height of approximately 5

mm with the maximum and minimum loads it is designed to weigh.

Maximum Operating Speed :-. Every automatic weighing machine shall be marked

with ,the maximum speed (output per hour) at which it is designed to operate..

Type of Commodity :- In addition to the marking shown in 5 (b), the machine may be

marked with information of the type of commodities which it is designed

' to weigh.

(d) , Removable Parts :- Every readily removable part of a . machine, the removal

of which would affect the correctness of operation of the machine, shall

be numbered or otherwise identified with the machine to which it belongs.

(e), Loose Counterpoises - Where loose weights are used as a counterpoise they

shall be clearly and indelibly marked with their equivalent weight and numbered

to identify them with the machine to which they belong.

'(b)

(c)

473

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

TABLE I - LIMITS OF ERROR OF INDICATOR

Clause 4 (c) (i)

Capacity of machine Error in excess or deficiency

when fully loaded

kg g

1 2

2 3

3 4

5 6

10 7

15 10

20 15

25 20

50 30

100 40

250 60

200 70

250 80

300 100

500 160

1000 280

1500 360

2000 350

,-

THE SIKKIM WEIGHTS AND MEASURES RULES 19

474

PART -SELF-INDICATING AND SEMI SELF INDICATING COUNTER TYPE WEIGHING MACHINES.

I. DEFINITION

(a) Self .Indicating Machine. A. machine which on the application of the load to

be weighed, indicates the hole of the load automatically.

A typical self. indicating machine is illustrated in Fig. I.

(b) Semi .Self .Indicating Machine.- A machine which, on the application :of

the load to be weighed, indicates automatically only a portion of the weight of the whole-load

leaving the remainder to be balanced by weights or sliding poises fitted to the tare or

capacity has or by any other suitable means.- A typical semi. self indicating machine is

illustrated in Fig. 2.

2. CAPACITIES

The self. indicating or semi-self. indicating machines may be of the

capacities shown in Table I.

3. GENERAL REQUIREMENTS

(a)' Self-indicating or semi-self. indicating machines are generally constructed by incorporating a beam or levers coupled to a pendulum or other type of resistance system, excluding spring so as to produce an indicating arrangement for the machine. The arrangement of the level system of machine shall be such that the horizontally of the goods and weight pan fittings throughout the movement of the beam is preserved. The machine shall be provided with dashpot or any other suitable arrangement so as to bring the pointer quickly to rest.

The' supports for the pans shall be of a suitable rigid ,structure. The pans shall be made of mild steel. stainless steel, brass or bronze aluminum or its alloys, porcelain

enamel coated steel, glass or plastic material. .

The bearing surfaces, knife-edges and points of contact of all stays, hooks and loops shall be of hard steel or agate. The knife-edges and bearings shall be so fitted as to allow the beam to move freely and the knife-edges shall rest on their bearings at practically their entire length. All levers and resistance mechanism shall be enclosed as far as possible.

(b)

(c)

(d) The machines shall have a balance box for minor adjustments. The balance box shall be permanently fixed, preferably beneath the weigh pan, and shall be large enough to

contain loose material to an amount up to one percent of the capacity of the machine. No other adjusting contrivance shall be used. In case of self 'indicating machine, the

balance box shall be fixed below the goods pan .

475 . .

.THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(e) The chart of the machines shall be graduated into equal parts and the width apart of

the graduations shall be not less than 1.5 mm (unless magnification is provided on the chart) or a capacity of 10Kgand under and not less than 2 mm for .a capacity above 10

kg. The weights corresponding to one- half the interval between consecutive graduation marks shall not exceed the greatest error allowed as shown in Table I. The

extremity of the pointer shall not exceed I mm in width and shall not be more than 3 mm away from the chart. The position of the index when there is no load shall be

clearly indicated by zero mark when there is no load shall be clearly indicated by zero mark.

'The value of the minor graduation of the chart shall, correspond to one of the weights

in the series, I g. 2 g, 5 g. or its. decimal multiples of 10 or of powers of 10.

The self-indicating and semi-self -indicating machines, excepting out-of-leve1.

scale, shall be provided with leveling screws and a circular bubble.

When tare bars are graduated they shall only be permitted provided the chart capacity and the total capacity (chart plus tare 'bar) amply with capacities shown in Table I.

(f)

(g)

(h)

Note. When tare bars are used and are not graduated except with a zero mark, they shall

not be taken into account when calculating .the capacity of the machine. Ungraduated

tare bars shall be marked with zero.

4. TESTS

(a)

(b)

(c)

(d)

(e)

5.

(a)

All self-indicating and semi-self-indicating machines shall be tested on a .horizontal level plane. The machines shall be tested throughout the full range of their capacity by progressively increasing the load . The permissible error shall not exceed the limit . specified in Table I. .

When the pans are : loaded to half the capacity there shall be' no appreciable difference in the weight indicated on tie dial when the loads moved within a distance from centre equal to one third from the greatest length of the pan.

When the goods pan is in the form of a scoop, the machine shall be correct to

prescribed limits of error if half-the full load is placed against the middle of the back of the scoop and the other. half in any position of the scoop.

Self. indicating and semi-self-indicating machines shall not 'be tested for sensi-tiveness.

SEALING

Each machine shall ,be provided with .a plug or stud of soft metal on a conspicuous part of the beam or body for receiving 2 seal Such plug or stud shall be made irremovable-by under cutting it or by some other suitable manner.

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983.

TABLE I LIMITS. FOR ,GREATEST ERRORS FOR SELF INDICATING

AND SEMI-SELFINDICATING COUNTER TYPE WEIGHING MACHINE.

Maximum

value

Greatest 'error allowed in excess or

Capacity

of the, minor graduation

in deficiency when fully loaded

(A) Self-indicating Machines

(g) (g)Verification Inspection(g)

, . ""

100kg 200 100 200

50 kg 100 50 100

30 kg 100 50 100

20kg 100 50 100

10 kg 50 25 50

5kg 20 10 20

3kg 10 5 10

2kg 10g 5 10

1kg 10 5 10

500g 5 2.5 5

200g 2 1.0 2

100g 1 0.5 1

(B) Semi Self indicating Machines

100kg 100 50 100

50kg 40 20 40

30kg 30 15 30

20kg 20 10 20

10kg 10 5 10

5kg 10 5 10

3kg 10 5 10

2kg 10 5 10

1kg 10 5 10

500g 4 2 4

200g 2 0.5 2

100g 1 0.5 1

477.

THE SIKKlM WEIGHTS AND MEASURES RULES 1983

PART XI - PERSON WEIGHING MACHINES

I.

2.

3.

DEFINITIONS

(a) A person weighing machine means an instrument with a weighing mechanism and

with a platform to receive the person to be weighed. The weight of the person is

indicated with a. steelyard or any other form of indicator or by a ticket printing

device.

Person weighing machine of steelyard, dial and ticket printing types are illustrated

in Figs. I, 2 and 3 respectively. . These drawings are illustrative

only and do not specify any particular design. .

(b)

CAPACITY.

The Person weighing machine shall have capacity not less than 120 'kg.

GENERAL REQUIREMENTS

(a) Platform :- The maximum size of the platform shall be 4-00 x 350 mm. - The

platform shall not extend beyond the frame 'on any side.

(b)Steelyard Type Machines

The steelyard shall not have any readily removable parts except the support for proportional weights. The minimum travel of a steelyard shall be 10 mm

either way.

The top and bottom of the guide and/or steelyard shall be fitted with non

magnetic -material, if these are made of ferrous material.

When the. steelyard is provided with notches, the latter shall be suitably -

protected. .

The value of the smallest division on the steelyard shall be not be more than

50 g and the steelyard shall be graduated with 5' kg x 50 g divisions.

- Balancing arrangements-Where a balancing device is provided on the steelyard,

the balance ball shall not be easily accessible. The balancing arrangement

. for daily wear and tear shall have a range not exceeding 0.5 percent of the

capacity or the machine and less than; 0. 125' percent of the capacity each way.

. The balancing device containing the balancing ball shall be securely attached to

the steelyard. The balancing ball shall be actuated knurled headed bolt passing

through it.

Dial Type Machines.

Racks and pinion shall be of suitable hard wearing material and shall be finished smooth.

The extremity of the pointer shall in no position be at a greater distance from

the graduated. surface of it the 'dial is 5 mm and shall be made to meet but not

to obscure the graduation marks. .

(i)

(ii)

(iii)

(iv)

(v)

(c)

(i)

(ii)

(iii) The dial shall be graduated into. equal parts and the minimum width part of the

graduations shall not be less than I..5 mm the minimum graduation shall be not

more, than 500 g.

Ticket Printing Type Machines.

Racks and pinions shall be of suitable hard wearing material and shall be finished

smooth.

(ii) the weight' shall be legibly indicated on the ticket.

PROPORTIONAL WEIGHTS.

(a) All loose proportional weights shall be identified with the machine by a number

or any other suitable mark of identification which shall be indelible. The

counterpoise weights shall be marked with their equivalent weights' in the

following manner:

Proportional weights shall be hexagonal in' shape with a slot of suitable size to.

allow, them being placed on the counter balance.

The proportional weights shall be made of cast iron or brass.

The proportional weights have one rectangular loading hole which' shall be

undercut or tapering outside so. as to. hold lead securely for adjustments. 'The

-undercut hole shall be of reasonable size so as to to accommodate the lead

required for adjustments. The surface of the Iead in the loading hole shall not be

less than 2mm inside from the bottom surface of the weight.

The. steelyard type person weighing machine shall be provided with ,suitable

proportional weights. The denominations of proportional weights shall be

I kg, 2 kg. 5kg or a multiple or sub-multiple by ,10 or a power of 10(100,1000etc).

The total value of the proportional weight shall not exceed the capacity of the

machine. For the purpose of calculating total capacity the graduation on the

steelyard shall not be taken into. account.

TESTS.

(.a) The steelyard of, the person weighing machine ,with steelyard arrangement shall

remain horizontal at no-load on the platform.

In case of dial type machines, the position of indicator, when there is no. load,

shall be clearly indicated at zero. mark

The machines . shall be tested to verify ,the accuracy of graduation’s to. the total:

capacity

All loose proportional weights, where these are provided, shall be tested and

then suitably sealed to prevent tampering.

(e) Persons weighing- machines with the, steelyards arrangements shall be .tested for

error as well as for sensitiveness 'at any, load up to. full load. The permissible

errors and sensitiveness at full load are given in 'Table I.

Persons weighing machines provided with dial type indicator or ticket printing

device shall be tested for error only. No. sensitiveness test shall be taken an such.

'machines. The permissible error at .any load up to. full load shall not exceed the

limits prescribed 'in Table I.

4.

(c)

(d)

5.

478

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(d)

(i)

(b)

(e)

(b)

(c)

(d)

(f)

479

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

'TABLE I-LIMITS FOR GREATEST ERROR FOR PERSON WEIGHING MACHINES.

Type of machine Sensitiveness when fully loaded

Greatest error allowed in- excess or in deficiency at any load up to full load Verification Inspection

.

I. Steelyard

2. Dial type 3. Ticket issuing

type

25 g 100 g

500.g

50 g

250g

500 g 1kg

THE SIKKIM WEIGHTS AND MEASURES RULES. 1983.

PART XIl -TOTALISING WEIGHING MACHINES

480

I. DEFINITIONS.

"

2.

3.

(a) . Totalizing' Hopper Weighing Machine- A totalizing weighing machine- in which the

load is divided into a succession of discrete equal or unequal individual loads, which are weighed in a hopper, grab or other receptacle.

Continuous Belt Conveyor Weighing Machine A totalizing weighing machine in which the load is carried on an endless flexible belt supported by a roller

or rollers attached to the weighing mechanism.

(b)

GENERAL REQUIREMENTS.

(a) Removable Parts- Every readily removable parts of a machine, 'the' removal of which would affect the correctness of the machine .shall be so 'made ,and. fitted that it is securely located in its operating position.. A part shall be deemed' to be readily removable if it is possible to remove it without the use. of a tool. . Adjusting Mechanism- Any adjustable part or mechanism’s shall be secured or' protected so that it shall not be altered without the use of a tool or accidentally put out of order during normal working. .

Manual Controls- All manual controls, the operation of which' might effect premature discharge, shall be inoperable whilst the weighing machine. is. in operation.

Minimum Weight Increment- The minimum weight increment of the .totalizing register or. indicator .'shall not exceed:

For totalizing hopper weighing machine:

(b)

(c)

(d)

(i) 1-25 of maximum load.

(ii) For continuous .,belt conveyor weighing Maximum rate of weighting in tonnes

per hour/10000'machine:

TEST. FOR ACCURACY

(a) The accuracy of the totalizing register or indicator shall be tested as follows and shall be within the limits specified under 3 (b).

For totaling hopper weighing machines- A total test load equal- to. not less than forty times the maximum load for which it is designed 'shall be reweighed on another instrument ( the accuracy of which has been previously verified by the Inspector). The total test loads shall be built up from individual loads varying from the minimum load marked on the machine to the maximum. Where the foregoing test is. not practicable, the machine shall be tested. by the application of standard weights.

(i)

481

. THE SIKKIM WEIGHTS AND MEASURES RULES 1983 .

(b)

(ii) - For a continuous belt conveyor weighing, machine- A total, test load- equal to not less

than 500 times the minimum weight increment of a totalizing register. indicator shall be reweighed over another instrument (the accuracy of which has been previously

verified by the Inspector). If the machine is capable 'of operating at various speeds of operation it shall be tested at the maximum reasonable speed at, the minimum:.

Limits of Errors- The error in excess or in deficiency shall not exceed 0.5 percent of

the total test load passed over the machine.

MAKING AND IDENTIFICATION OF PARTS

Rate Weighing- Every totalizing weighing machine shall be clearly 'marked with the

maximum and minimum rates of weighing for which it is designed,: and with the maximum weight per 'weighing cycle or maximum' instantaneous load 'it. is

designed to carry. The marking shall be, in letters and figures of uniform size of a minimum height of approximately 5 mm.

. (b) Removable Parts- Every readily removable Part the removal of. which ,would

affect the correctness of machine shall be numbered or otherwise identified with the machine to which it belongs.

(a)

(c) Loose Counterpoises-Loose counterpoise, when used for counter balancing shall be clearly and indelibly marked together with their equivalent weights and shall be numbered to identify with the machine to which they belong.

482

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

PART XIII-BABY WEIGHING MACHINE

J.

2.

DEFINITION

A baby weighing machine shall mean a weighing machine. with a pan to receive the baby' to be weighed. A typical baby .weighing machine is illustrated in Fig 1 .

CAPACITY :

(a)

(a) The machine shall have a maximum capacity of 10, 15 or 20 kg.

GENERAL REQUIRMENTS :

(a) The pan for the baby shall either an oval or a rectangular basin, or an open-ended

through of the following approximate dimensions:

Minimum Dimension

Length

Width Depth:

. Basin type 100 Trough type 125

The pan shall be smooth, non-porous, readily cleanable and of adequate strength and should preferably be made of a low heat-conducting material Wicker-work

shall not be 'used in the construction of the pan. . .

Countertype baby weighing machine shall be provided with hard rubber or

fiber stops to prevent noise or' 'jar' in the out-balance position.

All machine shall be so constructed as to enable a direct net weighing to be obtained. .

(e) Baby weighing machines of the spring balance, self-indicating or semi-indicating types shall be fitted with efficient oscillation control devices.

(f) In spring-balance, self-indicating or semi-self-indicating type of be: by weighing

machine the dial shall be graduated into equal parts and the minimum distance between consecutive graduations shall be not less than 2 mm. Provision of a screw for

adjustment of the pointer to correct zero error-shall also be provided.

(g) The extremity of the pointer shall not exceed 1.0 mm in width and shall be not more

than. 30 mm away from the graduations on the dial. The weight corresponding to the interval between consecutive graduation marks shall not exceed 50 gm

(h) The base of the machine shall be wide and heavy to void tilting and the position of the

index, when there is no load, shall be clearly indicated. 'by a zero mark.

550 300

(b)

(c)

(d)

(i) When the weighing machine is-provided. with an adjustable pointer, the range of

adjustment shall not exceed one percent of the capacity of the machine.

483

SIKKIM WEIGHTS AND MEASURES RULES, 1983

4. TESTS.

(a) In spring balance, self-indicating or self-indicating type of machines. the permissible error shall not exceed the weight corresponding to half the interval between consecutive graduations.

(b) When a load equal to half the capacity of the machine is placed at the farthest point from

the centre of the pan and the other half at any position, the machine shall be correct to the prescribed limit of error.

(c) Each graduation of the machine shall be tested.

(d) For counter type machines, the sensitivity and the greatest error shall be as under.

Capacity Sensitiveness Greatest Error in Excess of: Deficiency .

- when fully loaded when fully loaded'

Verification Inspection Deficiency

kg 10 I5 20

kg

7.0

8.0

9.0

kg

10.5

12.0.

13.5

kg

21

'24

27

(e) The machine, shall be correct whether the test is made by progressively increasing or

decreasing loads provided that in either case the .machine is allowed to vibrate before the reading is taken.

(f) The spring-balance type machine shall be loaded to its full capacity and the load

maintained for. a period of 24 hours after which it shall be removed Fours hours after

removal of the load, the balance shall not show any permanent settings Further with

tested as stated in 4(e,) it shall correct removal.

SEALING

(a) Each machine shall be provided with a plug or stud of soft metal or a conspicuous part

of the beam or the body for receiving a seal. Such a plug or .stud shall be made irremovable by. undercutting, it or by some other suitable method.

484

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

SCHEDULE VII

SPECIFICATIONS FOR COMMERCIAL VOLUME MEASURING INSTRUMENTS

PART 1 - GENERAL REQUIREMENTS

I.

2.

DEFINITION

(a) A measuring instrument shall mean a device designed to measure and deliver

products in liquid formed by volume '

GENERAL REQUIREMENTS

(a) A measuring instrument shall be of such material design and construction as to

ensure, under normal working conditions, the following requirements :

Accuracy is maintained,

Operating parts continue functioning satisfactorily, and

Adjustment remains reasonably permanent.

A measuring instrument shall not be stamped unless it. is complete with all parts

and attachments concerned with the operation of measurement and delivery.

Where an instrument has interchangeable or reversible parts, their interchange

ability or reversal shall not affect the accuracy of the Instrument.

All graduations indicating the quantities dispensed or delivered shall be legibly.

clearly and indelibly marked.

The graduated scale or indicating elements in a measuring 'instrument shall be

constructed as to show automatically its zero position and the amounts delivered up

to the registering capacity of the instrument. .

Every measuring instrument is of fixed type shall be so installed that the viewer can

readily obtain a clear and unobstructed view of the indication of measurement and

delivery.

The design and construction of a measuring instrument shall be such as would

prevent, as far as possible, tampering with the accuracy of the instrument either

inadverted by use or otherwise.

(i)

(ii)

(iii)

(b)

(c)

(d)

(e)

:(f)

(g)

3. MARKING

(a) All commercial measuring instruments, each as dispensing pumps, meters,

volumetric container filling machines, .shall be conspicuously, clearly and prom-

inently marked with the registering capacity, name or registered trade-mark of the

manufacturer and identification number.

All commercial measuring instruments shall be provided with a plate riveted in a

prominent position to receive the markings mentioned in 3 (a) and the

stamp of the inspecting authority. .

(b)

4

5.

485

(a)

(b)

ALL measuring instruments shall be tested under normal operating conditions

All instruments shall conform to the respective standards on accuracy require-

ments for the different kinds of measuring instruments.

SEALING

(a) All measuring instruments shall be provided with one or more sealing arrangements

for sealing by an inspecting authority to prevent tampering with stops or other adjustable parts affecting. the quantity delivered. .

PART IT - DISPENSING PUMPS

I.

2.

3. ,

.4

5.

DEFINITIONS:

(a) A dispensing pump is a measuring instrument used in conjunction with a storage

tank. or, tanks for effecting. deliveries of liquid products by specified volumes.

(b) . "Wet Hose" System - A type of. device designed to be operated with the discharge

hose full or liquid at all times. A "wet hose" is the discharge hose in this type of

device.

A 'Dry-Hose System - A-type of device in which the discharge hose is completely

drained following each delivery. A "dry hose" is the discharge hose in this type of

device.

(c)

TYPES

(a) Dispensing pumps shall be either of the meter type or container type.

GENERAL REQUIREMENTS (a) A dispensing pump shall essentially consist of :

(i) Suitable casing or housing, (ii) Pumping unit .

(iii) Metering unit or volumetric container (iv)' . Register for quantities and.

(v) Flexible hose with nozzle.

Every dispensing pump shall be provided with an individual sales indicator,

graduated to indicate all possible deliveries. Any other counting .or totalizing device that may be provided, shall be so arranged at; to avoid any possibility of confusion with the

individual sales indicator.

. A dispensing pump of meter type shall be so constructed that, after, a particular

delivery cycle has been completed by movement of the starting lever to its shut off position, an effective automatic interlock .shall prevent a subsequent delivery being

started until the. indicating elements have been returned to their correct, zero position.

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

TEST REQUIREMENTS

486

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

6. . A dispensing pump of container TYPE shall be so constructed that the individual sales indicator shall register only when the discharge from each container has commenced

. A notice shall be prominently exhibited on the pump panel to indicate clearly and prominently. the following: ..

I

,PLEASE .ENSURE BEFORE STARTING DELIVERY ,

(i) Sales indicator is set at zero.

(ii) Container. is full

7 .

Dispensing pumps of container. type shall. be provided with observation windows or other means for showing clearly that the container or containers are properly charged

and. discharged. . .

Dispensing pumps delivering the liquid' under pressure' shall work in the "wet hose" system, fitted with a nozzle, having combination control valve and -automatic

pressure discharge valve 'which should operate under the pressure at which the pump. 'designed to deliver.

8.

9. .'Dispensing pumps delivering liquid under gravity-shall work on the "dry hose" system. The "dry hose" shall be of such length and stiffness as to facilitate complete and rapid drainage of the hose pipe and shall be provided with a nozzle without any valve. .

. 10 .The length of the discharge hose. on a dispensing pump shall not exceed 5 metres from the outside. of the housing of the pump to the inlet end of the discharge nozzle.

11 A dispensing pump of the meter type shall have an effective air eliminator unit; situated after the. pumping unit and immediately preceding the metering unit.

1.2. A dispensing ,pump of the container type shall have a suitable air vent to preclude the possibilities of the air-trap in the volumetric container.

I.3 . TESTS

(a) All dispensing pumps shall be tested for accuracy of discharge as described

hereunder.

A dispensing pump shall be tested. under practical working conditions with

the liquid. to the instrument is intended to deliver.

. All dispensing pumps .shall be verified by check measurers. 'the check measures

may be of the denominations I, 5, 1 0 and 20 litres.

Every check' measure shall be verified against the appropriate working standard

measure at least once in every period of six months and duly sealed

.Before commencing checking: of dispensing pump, the pump shall be run for .. few

minutes to ensure that all the units are functioning smoothly and also .the discharge

hose has been wetted.

(b)

(c)

(d)

. . (e)

.14

. (e)

15

16

487

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(f)

. . . A dispensing pump before being tested for accuracy shall be tested for leakage by being first fully primed.

- .

(a)

The procedure for testing a dispensing pump' shall be as follows:

The standard check measure shall first be filled to wet the entire inside surface.

. shall then' be emptied.

The pointer (meter type) or reading (container) type of the recording mechanism

shall then beset to zero

The pump shall be operated to dispense the liquid into the standard check measure

until pointer (meter type) is at zero position again or the reading (container type)

records the capacity of the check measure, .

If. the quantity liquid delivered is in error beyond the permissible limits, the

instrument . shall be adjusted so that it delivers a quantity within permissible

limits of error. .

Steps (b), (c) or(d) shall be repeated until the pump gives two 'consecutive

deliveries within permissible limits of error. .

If the instrument has been found to give correct measure in the initial test itself,

.further test of accuracy shall be made and recorded.

Every dispensing pump shall deliver correctly at reasonable uniform speed which

. shall be not less than 10 litre per minute:

The permissible limits' error are specified below :-

.(b)

(c)

(f)

Inspection Quantity Verification (Errors

in Excess) Error Excess Error Deficiency

20 litre IO ml. 10 litre

5 litre 1 litre

... .. I 00 ml

50 ml 30 ml

.10 ml

50 ml 5 ml 2

Same as on verification

. .

No error in deficiency shall be permitted during verification.

17. .

SEALING AND STAMPING

After adjustment for correct delivery lead-and-wire seals shall be applied in such manner that no further adjustment can be made, without mutilating the seal or seal Plain wire shall not be used for lead and-wire seal or seals. Inspector's stamp on the lead seal or seals shall be affixed by means of a . Inspector’s, stamp shall also be marked on the name-plate fixed, in the. dispensing pumps.

488

'THE SIKKIM WEIGHTS AND MEASURES RULES 1983

18 A name plate to be fixed on the petrol pump for identification shall be .of the

shape' and design shown below

SIKKIM WEIGHTS & MEASURES (ENFORCEMENT) ACT, 1985

NAME OF OWNER OF THE PUMP & PUMP NO.

PETROL LITRES

CAPACITY OF D. PUMP

H. S.D.

19. CAPACITY

The capacity of a dispensing pump meter type shall be the maximum graduation an

the dial .or register.

The capacity of a dispensing pump .of container type shall, be the capacity of the

container .or where there is mare than .one .container the aggregate capacity .of the

containers.

PART III -VOLUMETRIC CONTAINER FILLING MACHINES

DESCRIPTION

(a) A volumetric container filling machine shall consist .of a basin .or basins, the capacity

of each .of which shall depend an the capacity .of the containers, which it is, intended

to fill The operation shall consist .of first filling the machine to the required level and

then emptying out the contents' into the container .or containers (See Fig. I).

The machines shall have capacities .of I, 2, 5, 10, 15.. 20, 50 ,1OO, and 200 litres. (b)

2. GENERAL REQUIREMENTS

(a) The design of the filling machine 'shall be such that' the measured quantity shall

be entirely drained .out on .opening .of the delivery valve.

(b) The basin shall be, provided with adequate sight glasses observation windows,

cut-off valve or other mean indicating clearly, that the basin .or basins are properly ,

charged.

: (c) The' basin shall be provided with a suitable device such as a displacer, to enable

adjustment .of ,the capacity of the basin.

Every' flexible hose far. discharging liquid from the basin together with the rigid

delivery pipe which empties itself on discharge, shall be so arranged as to provide for

ready and adequate .drainage .of the liquid.

(d)

3.

(a)

(b)

(iv)

'(f)

(g)

489

THE'SIKKIM WEIGHTS AND MEASURES RULES 1983

(e)

(f)

The filling machine shall be rigidly fitted on a stand.

The walls of the basin shall be strong enough as not to cause any appreciable

deflection due- to the pressure of the liquid. .

TESTS

(a) All volumetric container filling. machines shall be tested for accuracy of discharge as

follows:

A volumetric container filling machine shall be tested under the actual working

,conditions with a suitable liquid preferably the one which the instrument is intended

to deliver.

Before checking a volumetric container filling machine, or the inside of the basin or

basins and the discharge hose and pipe shall' be wetted by filling the machine and

emptying.

For testing volumetric ,container filling machines, a standard test measure shall be

used.

(e) The procedure for testing the accuracy of volumetric container filling machines

shall be as follows :

(i) The standard test measure shall first be fined to full capacity in order to wet

all inside surfaces. It shall then be emptied and completely drained.

. The machine shall then again be filled to the full capacity. .

The contents of. each container of the machine shall be measured with a standard

test measure/measures and the quantity so measured will indicate that the capacity is

within the permissible error, or

'beyond the permissible error.

If (iii) (b) be the case, the container shall. be adjusted until the errors are brought

within the permissible limits; and shall be repeated until the .filling machines give two

consecutive deliveries within the tolerance 'limit

Every container of the filling machine shall be delivered correctly within the limit of

tolerance specified in 3 (g).

(g)The permissible errors shall not exceed the limit specified below

(b)

(c)

(d)

(ii)

(iii )

Capacity

10 litres and above

Below 10 litres;

Maximum Permissible. Error in Excess only

0. 1 percent

0.2' percent

4 SEALING

(a) , The volumetric container filling machines shall be provided by the manufacturer with a

plug/plugs or stud/studs of soft metal to receive the stamp or seal of the verifying authority.

Such plug/plugs or stud/studs shall be provided in a conspicuous part of the machine and

shall be made in such a manner as to prevent its removal without obliterating the seal/seals.

....

LENGTH AND TIME MEASURING INSTRUMENTS PART 1 - TAXIMETERS

TERMINOLOGY

(a) Taximeter:- A device that computes and indicates the charges for the hire of a motor

cab according to prescribed rates for distance and-or for time.

Face That side pf a taximeter on which fare is indicated.

Flag A lever arm or any other. device by which the ,operating condition of a

taximeter is controlled.

Money Drop :- An increment in the fare indication.

Initial Money Drop :- The fare indicator following the depression of the flag from FOR

HIRE to the HIRED position.

(f) . Initial Distance or Initial time Interval :- The distance or the time interval

corresponding to the initial money drop.

(g)' Basic Rates :- The distance and waiting time rates for distances and time interval other

than those for the initial money drop.

(h) Fare:- That portion of the charge for the hire of a motor cab that is computed . by a

taximeter through the operation of the distance and time mechanisms.

(i) ,Extras:- Charges to be paid by the hirer in. addition to the fare for transportation of

chargeable luggage. .

(j). Speed of ,Agreement of Basic Rates :- The Speed at which the basic distance and

basic time rates correspond, that is, a meter operated at the speed or agreement for

basic rates will show a money drop of distance travelled which is, exactly the same

me as for time elapsed.

'.

490

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

SCHEDULE VI I - A

(b)

(c)

(d)

(e)

Example :

Basic rate for time Basic rate for distance

10 paisa per 5 minutes.

10,paisa per half km

(k)

Then basic .rates agree when a distance of half km is travelled in 5 minutes, that .is

..speed of the vehicle is .4.. km per hour. .

Effective Cab Wheel Circumference :- The distance covered by the cab driven

wheel with correctly inflated' tyre in one complete revolution when a motor

cab with a full complement of passengers is pushed forward in a straight line.

Pick-Up :- Fare is calculated by the basic rate for time elapsed or alternatively by

the basic rate for distance travelled according as the 'peed of the vehicle is below,

or above the' speed of agreement or basic rates. The arrangement of the transfer of

calculation between the' two basic rates is sometimes called the pick-up and

sometimes the differential. . An example of a simple design of pick-up mechanism

within the meter is shown in Fig. I.

Bench Test The test of a taximeter independent of the taxi cab.

(1)

(m)

491

THE SIKKIM WEIGHTS AND MEASURES RULES.1983

2.

(h)

(i) Distance Test :- The test to check the equivalent distance intervals without

effect of time, between money drops.

Time Test :- The test to check only the time intervals between money drops.

. Road Test :- The test over a measured. ,course of complete taximeter assembly

when installed on the motor cab, the mechanism being actuated as a result of the

motor cab travel.

Gear Box :- An assembly of gears to permit adjustments for different tyre size.,

transmission ratios and the like.

(ii)

(n)

(o)

CONSTRUCTIONAL REQUIREMENTS

(a) The taximeter shall be so designed and constructed as to ensure reliability over a

long period.

The taximeter shall be so designed, so as to. register the fare to be 'charged for the

distance' travelled at a speed of or exceeding the speed of agreement ,of basic

rates, and for the time elapsed when the cab is stationary or moving- slowly

than the speed of agreement. of basic rates..

When the fare is recorded by the distance mechanism, first change in fare shall

occur only when the prescribed -distance has been travelled. After that the

indication shall change ‘in steps proportional to the distance.

Mechanical :- The mechanism for recording the time shall function when

required, as a clock. It shall, be started by actuation of the flag. In the case. of

mechanical clock, it, shall be capable of running 10 hours continuously

Every meter shall be so constructed as to indicate in suitable windows up .the

face the fare computed by time and. or by distance. .

The meter shall be provided with an illuminated sign 'indicating when the. cab is

FOR HIRE. The lettering used in size, colour and background shall be

distinct by day or night at a distance of 25 m. If a plate is attached to the flag

then its background colour shall be red.

The nature of information given-in each window namely; fare position or

flag, total and engaged distance, trips and (extra charges), shall be, if provided,

indicated by suitable wording immediately above or below, the. window. . The words

or signs denoting rupees and paisa shall be placed immediately above below or

beside the appropriate disc or drum position. The face shall be provided with a

suitable illuminating arrangement when the flag is in the HIRED OR STOPPED

position

The letters and numerals indicating fare shall not be less than 10mm in height

and shall be so placed as to be' easily read by the passenger. All other letters and

numerals required to be shown on meters shall be of such size, form and colour

as would render them clearly legible. .

When the flag is moved from one 'position to the' other. its, shall be give a audible

warning.

(b)

(c)

(d)

(e)

(f)

(g)

(i)

"

492

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

MECHANISM AND OPERATION.

(a)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

The mechanism of meters shall be so designed that:

When the flag is upright, the words FOR HIRE shall be indicated in a window in the

face. In this position the meter mechanism shall be arrested. No fare shall be visible to the intending hirer. When the flag is rotated forwards to the HIRED position, the word HIRED shall replace FOR HIRE in the window. In the HIRED position the clock mechanism shall be released and in action; the distance recording mechanism shall be released and available to record. Also the initial-money drop shall be indicated in the fare window. As the cab is used, in due course, further money drops will increase the fare shown.

When the flag is rotated further from the FOR HIRE position to the STOPPED position, the word STOPPED shall replace HIRED in the window. The clock mechanism shall be arrested the distance- recording mechanism shall continue to be available to record. The fare shall continue to be indicated in the fare window.

The flag shall not back from the HIRED position to FOR HIRE position unless it

passes. through the STOPPED position. It shall not go from the STOPPED position to HIRED position without making a positive stop at FOR HIRE position

through a locking device to ensure that the mechanism is arrested.

The time and distance mechanisms shall not be engaged or disengaged except by

the normal sequence of operation of the flag arm referred to in (i) to (iv) above.

The fare and extra windows in the face shall be covered by a shutter at the FOR HIRE position. The removal and insertion of the shutter shall synchronize with the movement of the flag respectively from FOR HIRE to HIRED, and from STOPPED to FOR HIRE.

(vii) The fare recorded by the meter for. time and for distance traveled shall be according to the basic rates prescribed.

(viii) The amount of fare shown in extra window, (if provided) shall be operated manually and shall advance by monetary units as prescribed.

TESTS

(a) Fare Indication -At all stages; the money drops on the dial shall make instant,

accurate and complete change from one figure to the next. The error due to engaging and disengaging of the mechanism shall be within the tolerance limits

specified in 5,.

...

(i) .

(a)

493

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(b) Flag :- When the flag is unlocked from the FOR HlRE position, it should be checked that the last recorded fare has been cleared and the meter is' properly

re-set at the zero position. There shall be no possibility or the fare recording caught, either partly cleared or on a rebound. It shall -be' checked that' may

reverse movement between the ratched lock and the next does not make improper recording or any kind of injury possible'. It should be properly seen that no

possibility exists for tampering by improper use of. the .flag. From the moment the flag is put down the fare should be recorded and the figures expressing it shall

appear on the face.

Distance drive - There will always be a critical point' in a fare recording mechanism

when the next fare increment' is almost due to be recorded. Should the journey end at the critical point, which is seldom possible, an impact, such as slamming of the

car door could cause the next increment to. be recorded. A jerky drive should be arranged in the test to check that no fault develops in the meter mechanism.

Several tests shall be' made to check that the' possibility of an increment has been kept at a minimum.

(c)

(d) Bench Test :- The test shall be performed on taximeter fitted with an appropriate

and reliable gear box.

Apparatus

Test bench :- For testing taximeters, a device employing an electric motor

to turn the taximeter spindle shall be used. The device shall also. be capable

of being rotated by hand. Brackets .shall be provided for convenient mounting... of the taximeters. .

(b) Counter :- Counter shall be of such a design as to register one-tenth of a spindle revolution. . .

(ii) Procedure - The test shall be carried out in the two stages called 'Short Haul' and

'Long Haul'.

Short Haul test - With the flag in the STOPPED position .'the meter is driven for

equivalent of a distance of two or three. kilometers. The number of input

revolutions for each money drop are read from the counter and compared with the

calculated number.

(a)

(b) Long Haul test - The flag shall be in the STOPPED position. The taximeter shall be

operated continually for an interval corresponding to not less than 60 kilometers. Throughout the test, the taximeter shall be kept 'under observation so that any

sticking of the money drop, any failure of the money drop to occur in the propersequence any incorrect alignment of figures or any other abnormal condition may

be discovered which would lead to rejection of the taximeter.

494

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

6.

(c)

(i)

Time Test.

Apparatus,. This test requires that observations shall be made to the nearest second. A. stop watch or .a desk type of interval timber, which may be started from and re-set to zero as desired., shall be used.

Procedure - The time test consist. of timing the intervals between money drops with the flag in the HIRED position and shall be conveniently divided into two tests, namely, individual interval test, and long interval test.

Individual interval Test - The individual interval test shall be initiated by depressing

the taximeter flag to the HIRED position and simultaneously starting

the stop watch or. timer. At the instant each money drop occurs, the elapsed

time to the nearest second shall be recorded. The watch or timer shall not be stopped, 'but shall be .allowed to' continue running throughout the entire period of the time test. The test shall be continued for a minimum. of one hour

.

(ii)

(a)

(b) Long interval test - The taximeter shall not be cleared at .the conclusion of the individual interval test, nor shall the stop watch or timer be stopped. Operation shall be continued for at least 'one hour or more without intervening oberservations. When the test is to be concluded the time at which money drop occurs shall be observed and recorded after which the taximeter shall be cleared. .

TOLERANCES

(a)

(a)

(b)

Bench Test - Tolerances for .bench test shall be as follows :

On over-registration On under-registration

(b)

(a)

I percent. .

I percent with an added tolerance of 30 m .

whenever the initial interval is included in the

interval test.

Time test :- Tolerance for time test shall be as follows :

On individual interval test.

Over-registration

Under-registration. .

(b) . . Long interval test (excluding initial interval): .

Over-registration

Under registration

5 percent 10 percent on initial interval, 5 percent on other intervals.

No permitted.

3 percent.

SEALING

(a) A taximeter head found correct on a bench test shall be sealed. When a complete .installation on a' motor cab is approved,. each of the several connections from taximeter head to transmission (or wheel) shall be similarly sealed.

7.

495

THE SIKKIM WEIGHTS AND MEASURES RULES, I983

(b) A plate of approved size and pattern shall be attached to the taximeter. gear box

or to the taximeter itself in such a manner that it cannot be removed without.

either removing the seals affixed by the testing .authority or opening the

taximeter or taximeter gear box. The plate shall .show in .the or sunken words and figures

The type of cab on which the. taximeter is to be used, end the minimum effective circumference of the type on the wheels of the cab by which

the taximeter can be driven and by which its action and accuracy maybe tested.

(i)

(ii)

MARKING.

(a)

(b)

Taximeter shall be marked indelibly with the number of the instrument on the face plate and back plate. All letters shall be in Roman script and the numerals shall be lndo-Arabic.

PART II- AUTO RICKSHAW METER; DISTANCE AND TIME TYPE.

1. TERMINOLOGY

(a) Auto rickshaw Meter, Distance and Time Type - A device that computes and

indicates the charges for the hire of an auto rickshaw according to prescribed rates for distance and/or for time.

Face - That side of auto rickshaw meter on which fare is indicated. Flag - A lever arm or any other device by which the operating condition or the meter

is controlled. Money drop - An increment in the fare indication.

Initial Money Drop - The fare indication following the depression of .the flag from FOR HIRE to -the HIRED position.

Initial Distance or Initial Time Interval - The distance or the time interval corresponding to the initial money drop.

Basic Rates - The distance and waiting time rates for distances and time intervals other than those for the initial money drop.

Fare-That portion of the charges for the hire of auto rickshaw meter that is computed by an auto rickshaw meter through the operation of the distance and time

mechanism.

(b)

(c)

(d) (e)

(.f )

(g)

(h) Speed of Agreement of Basic Rates - The speed at which the basic distance and basic time rates correspond, that is, a 'meter operated ,at the speed of agreement

for basic rates will show a money drop of distance travelled which is exactly the same as for time elapsed.

Example; Basic rates for time 10 paisa per minute

Basic rates for distance 10 paisa per half km. Then basic rates agree when a distance of half km is travelled in 5 minutes. that is,

the speed of the vehicle is of. 4 km per hour.

(ii)

(m)

496

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

(j) Effective Auto rickshaw Wheel Circumference-The distance covered by the auto rickshaw driven wheel with correctly inflated tyre in one complete revolution when an auto rickshaw with a full complement of passengers is pushed forward in a straight line.

Pick-up-Fare is calculated by the basic rate for time elapsed or alternatively by the basic rate for distance travelled according as the speed of the vehicle is below, or above the speed of agreement of basic rates. The arrangement of the transfer of calculation between the two basic rates is sometimes called the pick-up and sometimes the differential. An example of a simple design of pick-up mechanism within the meter is shown in Fig. I of Part 1 of this Schedule.

Bench Test-The test of an auto rickshaw meter independent of the auto rickshaw.

Distance Test-The test to check the equivalent distance intervals, without effect of time, between money drops.

(k)

(I)

(i)

(n)

Time Test-The test to check only the time intervals between money drops.

Road Test-The test over a measured course of a complete auto rickshaw meter

assembly when installed on the auto rickshaw, the mechanism being actuated as a result of the auto rickshaw travel.

Gear Box-An assembly of gear to permit adjustment for different type sizes,

transmission ratios and the like.

2. CONSTRUCTIONAL REQUIREMENTS

(a) The auto rickshaw meter shall be as designed and 'constructed as to ensure

reliability over a long period.

The auto rickshaw shall be designed to register the fare to be charged for the

distance travelled at a speed of or exceeding the speed of agreement of basic

rates, and for the time elapsed when the auto rickshaw is stationary or moving

slower than the speed of agreement of basic rates

When the fare is recorded by the distance mechanism, the' first change in fare

shall occur only when the prescribed distance has been travelled. After the

indication shall change in steps proportional to the distance.

Mechanical-The mechanism for recording the time shall function, when required,

as a clock. It shall be started by, actuation of the flag. In the case of mechanical

clock, it shall be capable of running 6 hours continuously.

Every meter shall be so constructed as to indicate in suitable windows upon' the

face the fare computed by time and or by distance.

The meter shall be provided with a sign indicating when the auto rickshaw is FOR

HIRE., The lettering used in size, colour, and background shall be distinct at a

distance of 25'm. If a plate is attached to the flag then its back ground colour

shall be red.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

t.

(a)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

497

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

The nature of information given in each window, namely, fare and position of flag, shall be

indicated by suitable wording immediately above or below the window. The words signs denoting rupees and paisa shall be placed immediately above, below or beside the

appropriate disc or drum position.

The letter and numerals indicating fare shall not be less than 10 mm in height and shall be so placed as be easily read by the passenger. All other letters and numerals required

to be shown on meters shall be of such size, form and colour as would render them dearly legible.

MECHANISM AND OPERATION

The mechanism of meters shall be so designed that:

When the flag is upright, the words FOR HIRED shall be indicated in a window in the

face. In this position the meter mechanism shall be 'arrested. No fare shall he visible to the intending hire.

When the flag is rotated forward to the HIRED position, the word HIRED shall replace FOR HIRE in the window. In the HIRED position the clock mechanism shall be released and in action; the distance recording mechanism shall be released and available to record, Also the initial money drop shall be indicated in the fare window As the autorickshaw is used, in due course further money drops will in crease the fare shown. .

When the flag is rotated further from FOR HIRE position to the STOPPED position, the

word STOPPED shall replace HIRED in the window. The clock mechanism shall be arrested; the distance recording mechanism shall continue to be available to record.

The fare shall continue to be indicated in the fare window.

The flag shall not' move back from the HIRED position to FOR HIRE position unless it passes through the STOPPED position. It shall not go from the STOPPED position Ito HIRED position without making a positive stop at FOR HIRE position through a locking device to ensure that the mechanism is arrested. .

The time and distance mechanism shall not be engaged or disengaged except by the

normal sequence of operation of the flag referred to in (i) to (iv) above.

The fare window in the face shall be covered by a shutter at the FOR HIRE 'position. The removal and insertion of the shutter shall synchronize with the movement of the flag

respectively from FOR HIRE to HIRED, 'and from STOPPED to FOR HIRE,

The fare recorded by the meter for time and for distance travelled shall be according to the basic rates prescribed.

4. TESTS

(b)

(ii)

498

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(a) Fair Indications-At all stages, the money drops on the dial shall make instant,

accurate and complete change from one figure to the next. The error due to engaging and disengaging of the mechanism shall be within the tolerance limits

specified in 5.

(b) Flag-When the flag is unlocked from the FOR HIRE position, it should be checked

that the last recorded fare has been cleared and the meter is properly pre-set at the zero position. There shall be no possibility of the fare recording caught either partly

cleared or on a rebound. It shall be checked that any reverse movement between. the ratchet lock and the next does not make improper recording or any kind of injury

possible. It should be properly seen that no possibility exists for tempering by improper use of the flag. From the moment the flag is put down the fare should be

recorded and the figures expressing it shall appear on the face.

Distance drive-There will always be a critical point in a face recording mechanism

when the next fare increment is almost due to be recorded. Should the journey end

at the critical point, which is seldom possible, an impact could cause the next

increment to be recorded. A jerky drive should be arranged in the test to check that

no fault develops in the meter mechanism. Several test shall be made to check that

the possibility of a premature recording of an increment has been kept at a

minimum.

(c)

(d) Bench test-The test shall be performed on auto rickshaw meter fitted with an

appropriate and reliable gear box.

Apparatus

( i )

( a )

(a)

Apparatus

Test bench-For testing meters, a device employing an electric motor to turn

the meter spindle shall be used. This device shall also be capable of being rotated by hand. Brackets shall be provided for convenient mounting of the meters.

Counter-Counter shall be of such a design as to register one tenth of a spindle revolution. .

(a)

Procedure- The test shall be carried out in two stages called 'Short Haul' and 'Long

Haul'.

Short haul test-With the flag in the STOPPED position the meter is driven for the

equivalent of a distance of two or three kilometers. The. number of input

revolutions for each money drop are read from the counter 'and compared with the

calculated number.

499

THE'SIKKIM WEIGHTS AND MEASURES RULES 1983

(b) Long Haul test-The flag shall be in the. STOPPED position. The Taximeter shall be operated continually for an interval corresponding to not less than 60 kilometers.

Throughout the test, the Taximeter shall be kept under observation so that any sticking of the money drop,. any failure of the money drop to occur in the proper

sequence, any incorrect alignment of figures or any other abnormal condition, may be discovered which would lead to rejection of the Taximeter.

Time test. (c)

(i) Apparatus - This test requires that observations shall be made to the nearest

second. A stop which or a desk type of interval timer, which may be started from

and re-set to zero as desired, shall be used.

( ii) Procedure-The time test consists of timing the intervals ,between money drops with the flag in the HIRED position and shall be conveniently divided into two tests, namely, individual interval test, and long interval test. .

(a) Individual interval test-The individual interval test shall be initiated :by depressing

the Taximeter. flag to HIRED position and simultaneously starting the stop watch or

timer. At the instant each money drop occurs, the elapsed time to the nearest

second shall be recorded. The watch or timer shall not be stopped, but shall be

allowed to continue running. throughout the entire period of the time test. The test

shall be continued for a minimum of one hour.

Long interval test-The Taximeter shall not be cleared at the conclusion of the

individual interval test, nor shall the stop watch or timer be stopped. Operation shall

be continued for at least one hour or more, without intervening observations. When

the test is to be concluded, the time at which money drop occurs ,shall be observed

and recorded after which the Taximeter shall be cleared.

(b)

TOLERANCES

(a) Bench Test-Tolerances for bench test shall be as follows:

(i) On over-registration. I percent.

(ii) On under registration. I percent with an added tolerance of 30 m whenever

the initial interval is included in the interval' test.

Time Test:-Tolerances for time test shall be as follows:

(b)

(i) On individual interval test:

Over-registration.

Under registration.

5' percent. 10 percent on initial interval, 5' percent on other intervals.

Long interval test

initial interval) : Over-registration.

Under-registration.

(excluding

Not permitted.

3 percent.

6. SEALING

(a)

(b)

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THE SIKKIM WEIGHTS AND MEASURES RULES . 1983

(i)

(ii)

An auto rickshaw meter head found correct' on the bench test shall be sealed. When

a complete installation on an. auto rickshaw is approved ,each of the several

connections from .meter head to transmission (or wheel) shall be similarly sealed.

.

A plate of approved size and pattern shall be attached to the meter gear .box or to

the meter itself in such a manner that it cannot be removed without either

removing the seals affixed by the testing authority or opening. the gearbox. The

plate shall show in raised or sunken words and figures: . .

the type auto rickshaw on which the meter is to be used, and

the minimum effective circumference of the .tyre on the wheels of the auto.

rickshaw by which the meter can be driven and by which its action and accuracy

may. be tested.

7. MARKING

(a)

(b)

Auto rickshaw meters shall be marked indelibly with the number .of the instrument

on the face plate and back plate.

All letters shall be in Roman script and the numerals shall be .lndo-Arabic.

PART llI- AUTORICKSHAW METER: DISTANCE TYPE

I. TECHNOLOGY:

The mechanism to calculate fare by time is not provided in this type of auto rickshaw meter. . .

(b) Face - That side of an auto rickshaw meter on which fare is indicated.

(c) Fare Neutralizer - A device by which the fare indication is brought to. zero. .

(d) . Fare - The charges for the hire of auto rickshaw which are automatically calculated by

the fare meter through the operation of the distance mechanism

Effective wheel circumference - The distance covered by the wheel, with correctly inflated

tyre, in one complete revolution when the vehicle with a full complement of ,passengers is

pushed forward in a straight line.

Bench Test - The test of an auto rickshaw meter independent of the cab, .to

check the fare equivalent to the distance intervals. . .

(a)

Note :

(e)

Auto rickshaw meters shall be marked indelibly with the automatically calculates,. at a predetermined rate and indicates the charges for hire of an. auto rickshaw by

distance only. The face may also have a speedometer and distance indicator (odometer).

(f)

2.

3. TESTS.

(a)

501

THE SIKKIM WElGHTS AND M EASURES. RULES 1983.

CONSTRUCTIONAL REQUIREMENTS

(a) The auto rickshaw meter shall be a simple calculator indicating the fare for the distance travelled or speedometer - cum- fare meter combination with distance indicator (odometer).

The drive to the meter shall be from the front wheel or rear axle; or' gear box depending upon the arrangement provided by vehicle manufacturer. The instrument shall be calibrated to match the wheel ratio of the vehicle 'on which it is 'mounted.: It shall carry two counters - one indicating the cumulative distance traveled and the other- counter indicating the fare for- the specific journey. .

The meter shall be provided with a fare neutralizer. The rupee and paisa wheel shall be indistinguishable. The rupee wheel shall be .in. black with. white

digits and paisa wheel shall be white with red digits.

The fare neutralizer shall be. capable of moving only .in one direction manually.

When the fare neutralizer is operated and .the fare 'reading 'comes to zero, and

audible click shall be given. Knocking, vibrations and wear and tear shall not affect the fare reading. .

The meter or the auto rickshaw shall be fitted with a suitable indicator to show whether the auto rickshaw is occupied for hire.

(b)

(c)

(d)

(e)

(f)

(b)

At all stages, instant, accurate and complete change from one figure to the next

shall occur on the dial when the meter is operated. When the fare neutralizer is brought to the initial position, it should be checked that the last recorded fare has

been cleared and the meter is properly re-set at zero position. There' shall be no possibility of the fare recording being caught either partly cleared or on a rebound. It

shall be checked that any reverse movement between the ratchet lock and the next does not make, improper recording or any kind of injury possible. There shall be no

possibility of tampering with fare indication by improper use of the fare neutralizer. Distance Drive-There will always be a critical point in fare recording mechanism when the next fare increment is almost due to be recorded. Should the journey and at the 'critical point any impact could cause the next increment' to be recorded. A jerky drive should be arranged in the test to check that no fault develops in meter mechanism. Several tests ,shall be made to check that this possibility has been kept at a minimum.

(c)

Bench Test-The test shall employ a variable speed electric motor, a counter to note the revolutions per minute and proper brackets for convenient mounting of the meter .

502

THE SIKKIIM WEIGHTS AND MEASURES RULES 1983

4. TOLERANCES.

5

6.

(b)

(c)

(a)

(i)

Bench test,

On over-registration, one percent of fare recorded.

SEALING

(a) After complete installation, the meter shall be properly scaled by ,suitable tamper-proof method. The driving cable shall have provision for sealing at both the end.

MARKING

(a) Wheel ratio of the vehicle for which the meter is to be calibrated shall be indelibly

marked at the back of the meter.

The number of the instrument shall also be marked.

All letters shall be in Roman script and the numerals shall be Indo-Arabic.

503

THE SIKKIM WEIGHTS AND MEASURES RULES. 1983

SCHEDULE VIII

( See Rule 23)

ABBREVIATI0NS OF DENOMINATIONS

1. DECIMAL MULTIPLES AND SUB MULTIPLES

Prefix Value in terms of unit Abbreviation

kilo

centi milli

micro

1000

0.01 (10-2) 0.001 (10-3)

0.000,001 (I0-6')

Value

K

c m

n

Denomination .

2 Weights

tonne

quintal

kilogram

. gram

milligram

carat

Abbreviation

1000 kg 100 kg

1 kg 1 g

1 mg 200 mg

t q

kg g

mg c

3 Capacity

litre

Milli1tre

..4 Volume

Cubic metre

cubic centimetre

Cubic millimeter

1000 .

1l

I ml

kl

ml

m3

cm3

mm3

m3 or cu m cm3 or cu cm* mm3 or cu mm.

5. kilometer

metre centimetre millimeter micron

1000 m 1 m 1 cm I mm .1/1000 mm or 10 -3mm

km

m cm

mm um

Area.

Square kilometre Square metre

Square centimetre Square millimeter

1,1000,00m2 1 m2

cm2 mm2

km2 or sq. km

m2 sq m* cm2 sq cm*

mm2 or sq mm

-Both these abbreviations are current but the first set should preferably be used.

Note No change shall be made in the abbreviation to indicate plurality.

504

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

SCHEDULE IX

(See Rule 24)

GOVERNMENT OF SIKKIM

The Sikkim Weights and Measures Act, 1980

CERTIFICATE OF VERIFICATION

Book No ...........................Verification Certificate No ....................Date....................................

Name of Inspector....................................... ........................... ....No . . . . .. . . .. ..:. .. .. .. . .. ..

Centre / Camp...........................................................

I hereby certify that I have this .day verified and stamped/rejected the ,under

mentioned Weights, Measures, Weighing and Measuring instruments belonging 'to

.. . . . . . . . . . . . . . . . .. . . . .. .. .. . . . . . . . . .. .. . . .. . of. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. .licence No.. . . .. .

.........: ................................... .under the above Act.

S1. Particulars of Weights, Measures, No. Weighing & Measuring instruments

Quantity, Verifica-

tion fees Convey-

, I

Total

ance Fees Adjust

ment

charges

etc.

Rs. p Rs. 'P

Remarks

Class or Type.

Denomina-

tion/Capa city

Trade

Mark/ Monogram

Rs. P.

N.B. In case of rejection detailed reasons to be given under column 'Remarks.'

Repaired by . . . .

. Licence No.......

Next verification due on... . . . . .

I. This certification shall be exhibited in a conspicuous place where the above apparatus is used. Hawkers shall carry it on their person.

2. Receipt No, . . . . . . . . .

Received the apparatus duly stamped/rejected.

Date.. . . . . . . . . . .

3.

Signature of the trader

Inspector, Weights and

Measures.

.505

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

SCHEDULE X

(See Rule 22)

PROCEDURE TO BE FOLLOWED FOR INSPECTION, VERIFICATION AND STAMPING

I. Of COMMERCIAL. WEIGHTS & MEASURES AND MEASURING INSTRUMENTS USED

FOR USE IN TRANSACTIONS.

PART I - WEIGHTS AND MEASURES

WEIGHTS

(a) All weights ,before stamping shall be verified for correctness against the

corresponding working standard weight in the 'appropriate working standard

balance subject to the permissible errors specified.

Weights to be stamped on the load in the loading hole at the bottom of the

weight, 'provided that weights without an adjusting hole shall be stamped on

the undersurface. .

No weights used in gold. and sliver trade shall be stamped unless they are bullion

weight.

No weights used in pearl and precious stone trade shall be marked unless they

are carat. weight.

I.

2.

(b)

(c)

(d)

LIQUID MEASURES OF CAPACITY

(a) Liquid capacity measures shall be tested by filling the working standard measure

with water and. emptying the content of the working standard into the measures

under test.

In testing a glass measures the capacity of which is not defined by the brim, the

level of the water shall be taken at the bottom of the meniscus.

Where the capacity is indicated by a line, the measures shall be tested to the ,

bottom of the line. .

(b)

(c)

3 . Every measure of Iength shall be verified by comparison with the working standard.

.

'. (b) A link measure, or woven metallic steel tape measure, shall be tested when

. subjected to a tension or pull as follows'

Link Measure .

Woven Metallic Tape Measure

Steel Tape Measure 1 m, 2 m .

10 m, 15 m,20m, 30 m and 50 m I

(c) The measure under test' shall be supported throughout its whole length

on plane and even base .

(d) Tape measure which are intended to be used in cases may, be accepted for

verification and stamping if submitted even without the case.

8 kg

I kg

2kg

5kg

"

4.

. 506

THE SIKKlM WEIGHTS AND MEASURES RULES 1983

(d) Tape measure which are intended to be used in cases may be accepted for

verification and stamping if submitted even without the case.

All non-flexible measures of length shall be stamped on the rivets provided

in the measure. .

In the case of tape measure, the stamp shall be placed on the metal strip attached

to the beginning of the measure.

.In the case of link measures, the stamp 'shall be placed either on a metal label or

disc permanently ..attached to the measures or on the brass handle.

(e)

(f)

(g)

VOLUME MEASURES

(a) All measures of volume shall, be examined with the object of discovering flaws or

want of straightness and proper right: angles at the corners.

Every measure of volume shall be verified by compassing length of each of the side

against the working standard of length at or near the normal temperature.

The limits of errors In the cast of length of the side of measures of volume

shall be the same as prescribed or linear measures.

All measures' of volume shall be stamped near the- top edge on brass plate

securely fastened.

(b)

(c)

(d)

PART II -: WEIGHING AND MEASURING INSTRUMENTS.

On beam scales, the verification stamp shall be placed on the stud or plug on the

beam immediately under or over the central knife-edge.

The Inspector may stamp the plug or stud in the. same manner as. he would stamp

a. weight.

. COUNTER MACHINES, SPRING BALANCES, STEELYARD AND AUTOMATIC

MACHINES.

I.

2

3.

4

GENERAL

Weighing and measuring instrument. shall be tested to conform to the speci-

fications given in Schedule VI, VII, and VII -A.

BEAM SCALES

(a)

(b)

The Verification stamp shall be placed upon the plug or stud provided in the

instrument for that purpose.

PLATFORM MACHINES AND WEIGHBRIDGES

(a) Weighbridges, platform machines and such other weighing instruments as the Controller may specify in this behalf, shall be verified and stamped in addition to

any preliminary test in the manufacturer's or dealer's premises. Such a preliminary test shall be made at the request of the manufacturer or dealer.

507

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

(b) The verification stamp shall be placed upon the plug stud provided for the

purpose in the machine.

s. CRANE MACHINES

PART III

I.

(b)

(c)

(d)

2.

(b)

(a) Hydraulic machine in which it is necessary in order to get a correct weight

indication, to twist the load hook shall not be stamped unless a prominent notice

to this effect. is permanently affixed to the machine.

The verification stamp shall be placed upon the 'plug or stud provided for the

purpose in the machine. (b)

CALIBRATION OF VEHICLE TANKS FOR PETROLEUM PRODUCTS AND

OTHER LIQUIDS.

DEFINITIONS,

Vehicle Tank-An assembly used for measurement and delivery of liquids

comprising a tank which may or may not be sub-divided into compartment,

mounted upon a vehicle together with its necessary piping valves, meter etc.

Compartment - The entire tank, when this is not sub-divided .otherwise any of

these sub-divisions- of a tank designed to hold liquid.

Calibration - Verification and stamping of the capacity of the vehicle tank or its

compartments.

Dip-Stick - A square or rectangular metal bar of brass or any other suitable hard

material used to determine the depth of the liquid in the tank.

Ullage Stick - A T-shaped metal bar of brass or other suitable material used to

determine the depth of the level of liquid from the proof level.

Ullage Indicator - A device bolted to the inside of a manhole reckoning with

the indicator set to any desired level to which liquid in the tank- is required to be filled, . .

Proof level- Reference Ievel to which all depth measurement shall be related.

Dip pipe - A pipe rightly attached at the top of the tank extending vertically

downward up to approximately I5 cm from the bottom of the tank. The pipe shall

have perforations at the top above the maximum liquid level

TESTING MEDIUM

(a)

(e)

(f)

(g)

(h)

(a) Compartment Testing - Water or other appropriate liquid shall used as a testing medium in determining the capacity of vehicle tank compartment.

Meter Testing - A vehicle tank meter shall be tested. with, a liquid of the same

character or approximately the same viscosity as liquid to be measured through the

meter.

508

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

EQUIPMENT AND TOOLS

(a)

The following equipment and tools are required for calibration of vehicle tank.

Proving Measures - When available, shall be checked for accuracy against an

appropriate working standard measure.

Calibrated Bulk meter - An accurate meter fitted with a pre-set valve, air eliminator and

strainer, which has been checked for accuracy against an appropriate working standard

measure.

A set of standard commercial measure.

Other equipment and tolls viz, hose pipes scriber, punch, try square, tyre pressure

gauge, hammer etc.

(b)

(c)

(d)

4.

(a)

CALIBRATION PROCEDURE

(b)

Vehicle tanks used as measure shall be calibrated as capacity measures. In the .case of

meter equipped tanks, the meter shall be treated- as a separate measuring instrument

for purpose of calibration.

The compartment capacity or capacities shall be taken as including the capacities of

the delivery lines leading from the emergency, safety or master valve to the outlet valve

(discharge valve) provided that in the case of vehicle compartment terminating in a

single delivery pipeline fitted with an outlet valve, the compartment capacity or capacities

shall be taken as excluding the capacity of the delivery pipeline.

A notice shall be prominently exhibited on the vehicle tank indicating clearly :and

indelibly the following :

Marked capacity includes capacity of delivery line

Or

Marked capacity excludes capacity of delivery line (as the case may be).

The safety or master valve shall be positioned at the lowest point of outlet from the

compartment.

The proving measure or bulk meter should be mounted on an overhead gantry or a

separate framework in a convenient position above a firm and level platform, preferably

of concrete on which the vehicle stands during calibration.

The vehicle shall be placed in a level position before commencing calibration as

. the accuracy of calibrated depends on the level of the tank; the sequence in which

compartments are calibrated should be such as to minimize unequal spring deflection

on the axles of the vehicle.

The front and rare types of the vehicle should be at the correct pressures.

The types should be inspected for wear which should be reasonably even and there

should not be excessive difference in the tread between the front set of tyres and the

rear set at the time of calibration.

The interior of the compartment should be inspected and cleared where necessary

(c.)

(d)

(e)

(f) .

PERMISSIBLE ERRORS

(a) Proving measures shall have the following capacities and shall be adjusted within

the' following permissible errors.

Before stating calibration, the pipelines, outlet valves and other connections shall

be tested against leakage by partially filling and draining each compartment in turn

through the out let valve. During the process sufficient quantity of the testing

medium should be introduced inside the compartment to wet the interval surface of

the tank and pipelines.

After taking the precautions mentioned above, the compartment to be calibrated

shall be filled with appropriate proving measures or bulk meters to the marked

capacity of the compartment with the delivery lines leading to the outlet valve full or

empty as provided in (b) above. The dip/ullage mark

Note :

5

509

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983.

(g) Before starting calibration, the outlet valves and other connection shall be tested

against leakage by partially filling and draining each compartment in turn through the

out let valve, During the process sufficient quantity of the testing medium should be

introduced inside the compartment to wet the internal surface of the tank and

pipelines,

After taking the precaution mentioned above, the compartment to he calibrated shall

be filled with appropriate proving measure or bulk meters to the .marked capacity

of the compartment with the delivery lines Ieading to the outlet valve full or empty as

provided in (b) above. The dip/ ullage shall be taken carefully and the line shall be

cut on the dip/ullage stick at right angles to the axis with the help of try-square and

scriber. If an ullage indicator is used, it shall be correctly set and sealed.

A mark shall also be made on the dipstick to indicate the 'proof level' . In the case

of ullage stick, the distance from the: ullage point to the T-joint shall be marked on

the stick.

The Sequence for calibrating compartments should be sequence of filling them The

sequence of discharge shall be in the reverse order to that of filling.

(j)Each compartment should be left full before proceeding to the next in sequence.

(h)

(i)

(b)

(c)

Capacity, Litres Permissible' Error Millilitres (+)

50 100 200

50 100 200 500

1000 5OO

1000

1500 2000

1500 2000 5000

(b)

5000

The maximum error. for vehicle tank compartments shall be 0.0 5 percent in excess of the marked capacity of the compartments.

6.

.(c)

510

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983

MARKINGS

(a) The vehicle shall have a brass plate riveted in a prominent position in it to receive the Inspector' stamps. The brass plate shall bear the following particulars : title of

Weights and measures Act, name of owner of vehicle, vehicle registration number, and the serial number and capacity. of each compartment. Space should be

provided on the plate for the Inspector's stamps-, Fig. 1 shows a simple design for a plate.

(b) The capacity of the compartment shall be indelibly marked on the manhole cover of

the compartment and also painted on each side of the compartment so that it is clearly visible. If there are more than One compartment, then each compartment

shall have its capacity marked separately as above and the compartment numbered serially. The number of the compartment shall also he marked on the discharge

valve pertaining to the compartment.

The vehicle registration number as well as the capacity of the compartment shall be indelibly marked on the dip/ullage stick, at the top end. If there is more than one

compartment the different faces of one dip stick may be used for marking and each face shall bear the vehicle number, the serial number of the compartment the proof

and dip lines of that compartment and the capacity of the compartment.

THE SIKKIM WEIGHTS & MEASURES (ENFORCEMENT) ACT, 1980

N AME OF THE COMPANY

VEHICLE TANK NO.

Compartment Number Compartment Capacity (in litres)

Space for Inspector's Stamp

FIG. 1 - NAME PLATE

Compartm

ent Nos.

511

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

SCHEDULE XI

GOVERNMENT OF SIKKIM

OFFICE OF THE CONTROLLER OF WEIGHTS AND MEASURES

CELEBRATION CHART

Vehicle Registration No. . . . . - . - . . . . . .

Chassis No

Compartment Overall dip

Capacity _

Dip Dead Stock The height of the dip The height of the manhole pipe along the manhole cover above the tank

cover

The calibration was done with pipe lines full upto the outlet valve. N.B (I)

(2)

(3)

(4)

The dip reading was taken in sequence of calibration.

Temperature at the time of calibration was. ; . . . . . . . . .. . . . . . .

Final dip reading were taken in sequence at calibration when .all the

compartment, were full

I.

512

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

SCHEDULE-XII

(See Rule (9)

FEES PAYABLE FOR VERIFICATION AND STAMPING OF WEIGHTS,

MEASURES AND WEIGHING AND MEASURING INSTRUMENTS.

WEIGHTS

(a) Bullion Weights

Denomination For per piece

20kg

10 kg

5 kg

2 kg

I kg

.500 g

200 g

100 g

50 g

20 g

10 g

5 g

2 g

I g

500mg

200mg

100 mg

50mg

20mg

10 mg

Rs. P.

4 50

4- 50

3 . 00

3 00

3 00

1 I 5

1 15

1 15

1 15

1 15

1 15

115

1 15

1 15

0 .75

0. 75

0 .75

0 .75

0 75

0 75

5 mg

2 mg

1mg

0.75

0 . 75

0 . 75

513

THE SIKKIM WEIGHTS AND MEASURES RULE 1983.

Denomination fee per piece

(b) Brass Weights other than Bullion Rs. P.

1.50 1 g

500 g

200 g

100 g

50 g

20 g

10 g

0.75

0.75

0.75

0 75 0.40 0.40

5 g 2 g

I g

0.40

0.40

0.40-

(c) Sheet Metal Weights (other than Bullion)

500 mg 200 mg

100 mg 5 mg

0.40

0. 40

0. 40

0. 40

Denomination Fee per piece

20 mg 10 mg

5 mg

2 mg

I mg

0.40

0.40

0 40

0.40

0.40

(d) Iron and Steel weights

50 kg 20 kg 10 kg

5 kg 2 kg I kg

500 g 100 g

100 g

50 g

I.50

I. 50

I. 50

I. 50

I.15

I. 15

0.40

0 40

0. 40

0 40

514

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

(e) Carat Weights

10 C

I 5O

I 5O

I 5O

I 5O

I 5O

I 5O

500C 200 C 100 C'

50 C 20 C

5 C 2 C

I 50

0.75

0.75

0.75

0.75

0.75

0.75

0.75

0.75

0.75

I C

50/100 C 20/IOOC 10/100 C

5/100C

2/100C 1/100C

0.5/100 C

2. Capacity Measures including storage tank, Vehicle Measures Tank Dispensing and

other measures:

Capacity Fee per piece

50 litres and above Rs. 7.5O for the first

100 litres or part thereof

plus Rs. 3.00 for every

additional 100 litres or

part thereof subject to a

maximum of Rs. 750/

Rs. P:

20 I

10 I

3.003 00 I .50

I 50

I 50

5 I 2 I 1 l

500 ml 200 ml

100 ml

50 ml 20 ml 10 ml

0.75 0.75 0.75

0.75

0.75 0.75

515

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

5 ml 2 ml

0.75

0.75

0.75

3 00 .

0.75 .0.75

1 m 18.5 I

60 ml 30 ml

3. - LENGTH MEASURES

Denomination

(a) Non-Flexible

2.00 m . 1.00 m (ordinary)

0.5Om (ordinary) I .00 m (graduated at every cm)

0.50 m (graduated at every cm),

Fee per piece

Rs. P.

I 50 1.50

I. 5'0 3 00

3 00

(b) Woven Metallic Tapes

50m 30m 20m 15m 10m 5m 2m

4.50

4.50

3.00 3 00 3 00

I.50

I .50

(c) Steel Tapes

50 m 30 m. 20 m I5 m 10 m

2m

1m

7.50 7.50 4.50 4.50 3.00 I.50 I.50

(d) Folding. Scales

1m

0.5m I.50

0.75

(e) Surveying Chains

30m ..20m

.4.50

3.00

516

THE SIKKIM WEIGHTS AND MEASURES RULES, 1983.

4-. Weighing Instruments (other than Beam Scales of Classes C and D automatic

Weighing Machines and Totalizing Machines)

Denomination

400 t 300 t 200 t 150 t 100 t

80 t

60 t 50 t

40 t 30 t

25 t 20 t

15 t 10 t

5t 3 t 2 t

Denomination

I 500 kg

1000 kg

500 kg

300 kg

250 kg

200 kg

150 kg

100 kg

50 kg

30 kg

20 kg

15 kg

10 kg

5 kg

'3 kg

2kg

I kg

500 g and below

(person weighing machines excluding bathroom scales)

Fee per instrument

375 00 300 00 225 00 180 00 150 00 135 00 120 00

'105 00 I05- 00 105 00

75 00 75.00 75 00 60.00 60.00

37.50

37 .50

Fee per instruments

22 .50

22 .50

22.50

22.50

22.50

15.00

I 5 00

I 5 00

11 25

11.25

7.50

7.50

4.50

4.50

4.50

4 50 4 50 3.00 I5. 00 .

517

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

5. Beam Scales (Classes C&D)

. Denomination

1000 kg 500 kg

300 kg 200 kg

100 kg 50 kg

20 kg I0 kg

5 kg 2 kg

I kg 500 g and below

6. AUTOMATIC WEIGHING MACHINES

Exceeding 10 t

Not exceeding l0 t

but exceeding I t

Not exceeding I t

but exceeding 50 kg

Not exceeding 50 kg

but exceeding. 1 0 kg

Not exceeding 10 kg

7. Totalizing Machines

Each machines

8. VOLUME MEASURING INSTRUMENTS

(a) Dispensing pumps each pump

(b) Other Instruments Exceeding

Not exceeding 100 1

but exceeding 50 1

Not exceeding 50 1

but exceeding 20 1

Not exceeding 20 I

..

Fee per instrument

22 50

I5.00 15.00

7.50 7 50

4.50 4.50

4.50 3 00

3.00 3 00

I .50

150 00

112 50

75 50

45 .00

30 00

225 00

75.00

(Rs. 60.00 for the first 100 Liters plus Rs. 50 for each additional 100 litres: or part

thereof subject to a maximum of Rs. 1000/)

60.00

37 50

30.00

518

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

9. LINER MEASURING INSTRUMENTS

(a) Taximeters and auto rickshaw meters

Each taximeter or

auto rickshaw meter

(b) Other Instruments

Denomination

Exceeding

100 m

fee per Instrument Rs. I5.00 for the. first 1,000 m plus Rs. 3.00 for every

additional 100 meter or part thereof subject to maximum of Rs. 75.0. 16.00 Not exceeding 1000 m

but exceeding 500 m

Not exceeding 500 m

but exceeding 100 m 7 50

Not exceeding 100 m 4- 50

10. Clinical thermometer 0 20 per .unit

1 (. Water meter (domestic type)

Electricity meter

5 00 per meters

12. 5 00 per meter

519

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

SCHEDULE XIII

( See Rule. 16 and 17)

LICENSING FORMS

FORM 'A'

OFFICE OF THE. CONTROLLER OF WEIGHTS & MEASURES

Licence Government of Sikkim weights, instruments

measures weighing instruments or measuring

Licence No .................... . . . . . . . . . . . . . . Year......................

(I) The Controller of Weights & Measures, Sikkim hereby -grants to .

...

(Name and address of party or parties)

A licence to manufacture/repair the- following:

(Include details of the types of weights, measures, weighing instruments or measuring

instruments that are licensed to he manufactured/repaired by the party) .

. . ...

The licence is valid for the party named above in respect of his workshop located at (2)

(3)

(4)

This licence is valid from 1st January, 19-to 31st December, 19..............

The manufacture/repairer shall comply with the conditions noted below. If he fails to

comply with anyone of these, his License is liable to cancelled.

The trade mark/monogram being used by the manufacturer is as under: (5)

(6) for repairer only

The party is licensed to repair weights, measures, weighing and measuring instruments in the area. mentioned below:

Dated. . . . ... . . . . . .

Signature Controller of Weights & Measures.

Place. . . . . . ... . . . .

(Seal)

. Note-- In the case of a firm, its name with the names of all its members should be given

in paragraph I.

520

THE SIKKIM WEIGHTS AND MESURES RULES 1983

CONDITIONS OF LICENCE

I, The person in whose favour this licence is issued shall

(a) comply with all the relevant provisions of, the Act and Rules for the time being in force;

not encourage or countenance any infringement of the provision of .the Act,

or the Rules for the time being in force and shall report without delay to the

Inspector any infringement that may come to his notice;

exhibit this licence in a conspicuous part of the premises to which it relates

comply with any general or special directions that any be given by the' Controller of

weights and Measures.

surrender the licence if and when required to go so by the Controller or any

other officer employed under the Act,

Every condition prescribed after the issue of this license shall, be notified in the official

gazette, be binding on the person/persons to whom the licence has been granted,

(b)

(c)

(d)

(e)

2.

. FORM B

OFFICE OF THE CONTROLLER OR WEIGHTS & MEASURES, SIKKIM,

(Licence to a dealer in

instrument

Licence No

weights, measures, weighing instruments or measuring

Year

(I) The Controller of Weights & Measures, Sikkim hereby grants- to

a .licence to. . .

(name and address of party or parties)

deal in the following :-

(indicate details of the types of weights, measures, weighing or measuring'

Instruments that are licensed to be dealt with by the party) .. .

(2)

located at The licence is valid for the party named above in respect of his premises

(3) This licence is valid from 1St January, 19- to 3,Ist December, 19

(4) The dealer shall comply with the conditions noted below, If, he fails, to

comply with anyone of these, his licence is liable to be cancelled,

Signature

. Controller of Weights & Measures

Date

Place " '"

Seal

Note:- In. the, case of a firm, its name with the names of all its, members should be given in

paragraph -I.

I

(a)

(b) .

(c) (d)

(e)

521

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

CONDITIONS OF LICENSE

The person in whose favour this licence is issued shall

comply with all the relevant provisions of the and Rules for the time being in force.

not encourage or - countenance any infringement of the provisions of ' the Act or the Rules for the time being in force and shall report without delay to toe inspector any infringement that may come to his notice.

exhibit this licence in a conspicuous .part of the premises to which it relates comply with any general-or. special directions that may be given, by the Controller of Weights & Measures, Nagaland; .

surrender the licence if and .when required to do so by the Controller or any other officer employed under the Act.

Every condition prescribed after the issue of this licence shall if notified in the official gazette, be binding on the person/persons to whom the licence has been granted.

522

. . THE SIKKIM WEIGHTS AND MEASURES RULES.1983

SCHEDULE XIV

(See Rule 11.)

Licensing and renewal for manufacturers, dealers and repairers of weights and measures.

(a) Manufacture

(b) dealer

(c) repairer

Rs. 100 per annum . (Calendar year)

Rs.75 per annum (Calendar year)

Rs. 50 per annum (Calendar year)

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

SCHEDULE XV

(See Rule 18 (5)

GOVERNMENT OF. . . . . . . . . . . . . . . . . .

OFFICE Of THE CONTROLLER OF WEIGHTS AND MEASURES..............

Register of licensed Manufacturers/Repairers/Dealers in Weights/Measures/Weighing

Instruments /Measuring Instruments.

Licence No. Date of of

Issue

Name, Place where- Articles Trade Orders re- Result of

Parentage the to be manu -mark, garding appeal

and' resi- workshop factured/ Monogram cancella dential is situated repaired/ being used .tion of

address of the sold. licence/ manufacturer disciplinary

repairer / action if Dealer. any.

Remarks

1 2 3 .4 5 6 7 8 9

Note : I. In the case of a firm, its name with the names of all its members shall be given in

Column 3.

2. Column (6) dose not apply to repairers and dealers.

524

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

NOTIFICATION---N

SCHEDULE XVI

(See Rule 28)

FROM OF APPEAL. AGAINST AN ORDER OF AN INSPECTOR OR ASSISTANT OR . DEPUTY CONTROLLER

Name and address of the appellant.

No. and date of Inspector of Weights & Measures of Controller Assistant Deputy

Controller, of Weights & Measures against which the appeal is preferred.

Whether the appellant desires to be heard in person or through an authorised

representative.

Grounds of appeal.

525

GOVERNMENT OF SIKKIM WEIGHTS AND MEASURES CUM-LEGAL METROLOGY FOOD

AND CIVIL SUPPLIES DEPARTMENT GANGTOK (SIKKIM)

NOTIFICATION

No 6(II4)83-84-/3/WM/FCS Dated Gangtok, the 25th June, 1984.

In pursuance of sub-rule (2) of rule I of the Sikkim Weights and Measures Rules, 1984, the State Government hereby appoints the 1st day of July, 1984 as the date on :which the

provision of the said rules shall come into .force in the whole of State of Sikkim.

OFFICE OF THE CONTROLLER WEIGHTS AND MEASURES (DEPARTMENT OF'FOOD AND CIVIL SUPPLIES)

Notification No. I (16 )77-78 / I/ WM/FCS Dated' Gangtok,. the. 30th April, 1 985.

In exercise of the powers conferred by sub-:section (I) of section 69, of the Sikkim

Weights and Measures Act, 1980 (No.4 of 1980) the 'State Government hereby makes the following rules further to amend the: Sikkim Weights and Measures Rules 1984, namely:

Short title and

Commencement.

Amendment of Schedule XII &

Schedule XIV.

(I) These Rules 'may be called the Sikkim Weights and Measures

(Amendment) Rules, 1985.

(2) They shall come into force on the 'date of their publication in

the official Gazette.

(3) In the Sikkim Weights and Measures Rules, 1984,

(a) .for Schedule XII the following. schedule shall be substituted, namely. .

526

SCHEDULE XII '

FEES PAYABLE FOR VERIFICATION AND STAMPING WEIGHTS, MEASURES AND

WEIGHING AND MEASURING INSTRUMENTS.

WEIGHTS I.

(a) Bullion Weight.

Denomination Fee per piece

Rs. P.

20 kg.

10 kg

5kg

2 kg

I kg

IOO g

200 g

100 g

50g

20 g .

10 g

5g

.2 g I g

500 mg

200 .mg

100.mg.

50 mg

20mg.

10mg

5 mg

2 mg

I mg

.

' .

.

6.00

6.00 4.00

4.00 4.00

I.50 I.50

I.50 I.50

. I.50 .I.50

1.50 I.50

I.50 1.00

1.00 1.00 .1.00 1.00 1.00 1.00 1.00

1.00

(b) Brass Weights (Other than Bullion)

I kg 500 g .

200 g 100 g

50g 20 g

10 g 5g

2 g 1 g

. 1.00

1.00

2.00

1.00

1.00

1.00 1.00 1.00

1.00

1.00

527

THE SIKKIM WEIGHTS AND MEASURES RULES 1983.

(c) Sheet Metal Weights (Other than Bullion) . .

500 mg

200 mg 100 mg

. 50 mg 20 mg

10 mg 5 mg

2 mg I mg

1.00

1.001.00

1.001.00

. 1.00

1.00 '1.00

1.00

.

Iron and Steel Weights

Iron and Steel Weights ( d)

50 kg

20kg

10 kg

5 kg

2 kg

I kg

500g

200g

100g

500g

Carat weights

2.00

2.00

2.00 :2.00

2.002.00

1.00 1.00 .

1.00 1.00

(e)

500 c 200c 100c50c .20 c

.2.00 2.00 . " .. '2.00 2.00 '2.00

2.00 10c

5c 2 c

I c 50100 c

20I00 c

1.00 1.00 1.00

1.00

10100c 5100c.

2100 c 1100 c

0.5100 c

1.00 .

1.00

1.00 , . 1.00 1.00

1.00

528

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

2. Capacity Measures including-storage tank Vehicle Tanks, Dispensing

Measures and peg. Measures.

Capacity Fee per piece

50 litres and above Rs. 10.00 for the first 100 litres or part thereof plus Rs.3.00 for every additional 100 litres - or part thereof subject to maximum -of Rs 1,000/

20 I 10 I

5 I 2 I

1 I 500ml

200 ml 100 ml

50 ml 20.ml

10 ml 5 ml

2 ml 1 ml

185 ml 60 ml

30 ml

4.00 ,4.00

2.00 2.00

2.00 I.O0

I;0O

1.00

1.00 1.00 . 1.00 1.00

1.00 1.00 4.00 1.00 1.00

3. LENGTH .MEASURES

(a) Non-Flexible

2.00 m 1.00 m (ordinary) 0.50 m (ordinary) . 1.00 m (graduated at every cm) 0.50 m (graduated at every cm)

2.00,

2.00 2.00

4.00 .4.00

(b) Woven Metallic Tape

5m 2.m

6.00 6.00 4.00 4.00 4-00 2.00 2.00

.50m 30 m 20 m I5 m 10 m

529

.THE SIKKIM WEIGHTS AND MEASURES RULES 1983

(C) Steel Tapes

50 m

30 m

20 m

15 m

10 m

5m

4m 3m

2m

1.5 m

1m

0.5 m

(d) Folding Scales

1m

0.5 m

(e) Surveying Chairs

30 m

20 m

10.00

10.00

6.00

6.00

4..00 2.00 2.00 2.00 2.00 2.00

2.00 2.00

2.00

1.00

6.00 4.00

f . .

Weighing Instrument (Other than Beam Scale of Classes C & D Automatic Weighing Machines and Totalizing Machines) .

400 t

300 t 200 t

150 t 100 t 80 t 60 t, 50 t 40 t 30 t 25 t . 20 t

.15 .t 10.t 5 t 3 t 2 t

500 400 .

300. 250

200. 180.

I50. 150

150 150

150 150

150 100.

10100 50 50

530

. THE SIKKIM WEIGHTS AND MEASURES RULES 1983

.1500kg 1000 kg

500kg 300.kg

250 kg 200.kg

150 kg 100 kg

50 kg 30 kg

20 kg 15 kg

10 kg 5 kg

3kg 2 kg

1 kg 500g and below

(Person weighing machines excluding bathroom scales)

5. Beam Scales (Classes C & D)

6

1000 kg

500 kg 300 kg

200 kg 100 kg

50 kg 20 kg

10 kg 5 kg

2 kg .1 kg

500g and below

Automatic Weighing Machines

Exceeding 10 t

Not exceeding 10 t

but exceeding 1 t

Not exceeding 1 t but

exceeding 50 kg

Not exceeding 50 kg

but exceeding 1O kg. Not exceeding 10kg

30. 30 30 30 30. 20. 20. 20. 20. 15 .15 10.

10. 6.

6. 6.

4.

20.00

30.00 20.00

20.00 10.00

10.00 6.00

6.00 6.00

4.00 4.00

4.00

2.00

200.

15O.

100

60.00 40 00.

~

1. Totalizing Machines Each machine

Volume Measuring Instruments 8.

(a) Dispensing pumps Each pump

(b) Other Instruments Exceeding ,100 litres

Not 'exceeding 100 I but exceeding 5O I Not exceeding 5O 1 but exceeding 20 1 Not exceeding 2 0 I Linear Measuring Instruments

100.00

(Rs. 80.00 for the first '100 litres plus Rs- 75

for each additional 100 litre or part thereof

subject to maximum of

Rs. 1.5'000.

100.000

75.00

50.00

9. (a) Taximeters and Auto rickshaw meters

Each taximeter or

auto rickshaw meter Other Instruments Exceeding 1000 m

Not exceeding 1000 m but exceeding 500 m Not exceeding 500 m but exceeding 10O m Not exceeding 100 m Clinical Thermometer . Water meter (domestic type) Electricity meter

(b) for Schedule XIV the following Schedule shall. be substituted namely :Licensing and renewal fee for manufactures dealers and repairs of weights and measures

Manufacturer

Dealer

Repairer

I50

50

100.

531

THE SIKKIM WEIGHTS AND MEASURES RULES 1983

300.00

10.00

Rs. 15.OO for the first 1000 m plus Rs. 3.00 for every additional

100 meters or part thereof subject to maximum of Rs. 75.00.

20.00

10.00

6.00 0.50.

10.00 I 0-00

10.

11 12.

a)

b)

c)

THE

SIKKIM CODE

FIRST EDITION

VOLUME II

PART II

Published by:

Price ................ ...

PRINTED AT:

Law, Department, Government of

Sikkim, Gangtok.

SIKKIM TRADERS INTERNATIONAL PRINTING

DIVISION, GANGTOK, SIKKIM.

VOLUME II PART II

RULES, SUBORDINATE LEGISLATION ETC. ISSUED UNDER THE ACTS PASSED FROM

1975 TO 1982 ALREADY PUBLISHED IN SIKKIM CODE VOLUME 1

CONTENTS

SL. NO. PAGE TITLE

2:

. 3.

1. Sikkim Khadi and Village Industries Board Rules. 1980

Sikkim Land (Requisition and Acquisition) Rules. 1978

Sikkim Agricultural Land Ceiling and Reforms Rules, 1978

4. Sikkim Agricultural Land Ceiling and Reforms (Amendment) Rules,

1979

5. Sikkim Public Premises (Eviction of Unauthorised Occupants' and

Rent Recovery) Rules, 1980

6. Notification under Section 9 (1) of the Sikkim Public Premises

(Eviction of Unauthorised Occupants and Rent Recovery) Act,

1980

7. Notification under Section 1 (3) of the Sikkim Cinemas

(Regulation) Act, 1978

8. Notification under Section 5 (4) and Section 8 (2) of the Sikkim

Cinemas (Regulation) Act, 1978

9. Sikkim Cinemas (Regulation) Rules 1979

10. Notification under Section 1 (3) of the Sikkim Entertainment Tax

Act, 1980

11. Sikkim Entertainment Tax Rules, 1981

12 Notification under Section 3 A (1) (3) and 3B (1) of the Sikkim

Entertainment Tax Act, 1980

13. Sikkim Panchayat Section Rules. 1982 framed under Section 101

and 118 of the Sikkim panchayat Act, 1982

14. Notification under Section 9 (1) of the Sikkim Entertainment Tax

Rules, 1980

459.

478.

488.

511.

519.

529.

529.

529.

530.

554.

555.

566.

567.

640.

SL. NO. TITLE PAGE

15. Notification under Rule 20(1) of the Sikkim Entertainment Tax

Rules, 1981

16. Notification under Section 4 (2) of the Sikkim Housing and

Development Board Act, 1979

17. Notification under section 5 (3) of the Sikkim Cinemas (Regulation)

Act, 1978

18. Notification under section 3BB of the Sikkim Cinemas (Regulation)

Act, 1978

19. Notification under section 9 of the Sikkim Cinemas (Regulation)

Act, 1978

20. Notification under Section 3 (1) of the Sikkim Entertainment Tax

Act, 1980

21. Sikkim Motor Vehicles Taxation Rules, 1984 framed under section

18 of the Sikkim Motor Vehicles Taxation Act, 1982

22. Sikkim Panchayat (Election of Sabhapati, Upsabhapati and

Sachiva of Gram Panchayat and Adhakshya and Upadhakshya of

Zilla Panchayat and manner of convening meetings) Rules, 1980

framed under section 118 of the Sikkim Panchayat Act, 1982

23. Sikkim Nationalised Transport (Prevention of Ticketless Travel and

Miscellaneous Provisions) Rules, 1983 framed under section 45 of

the Sikkim Nationalised Transport (Prevention of Ticketless Travel

and Miscellaneous Provisions) Act, 1981

24. Notification under section 1 (3) of the Charter of Incorporation of

the Sikkim Research Institute of Tibetology (Amendment) Act, 1976

25. Notification enforcing the Provisions of the Charter of Incorporation

of the Sikkim Research Institute of Tibetology (Amendment) Act,

1976

26. Notification enforcing the Sikkim Interpretation and General

Clauses Act 1977

27. Notification under section 1 (2) of the Sikkim Civil Courts Act, 1978

640.

640.

641.

641.

642.

644.

645.

651.

660.

671.

671.

671.

671.

SL. NO. TITLE

45.

28. Notification under section 1 (2) of the Sikkim Police (Amendment) Act, 1980

29. Notification under Section 1 (3) of the Sikkim Armed Police Force

Act, 1981

30. Sikkim Ministers. Speaker, Deputy Speaker and Members of the

Legislative Assembly Medical Attendance Rules, 1977 framed under

sections 6 and 8 of the Sikkim Salaries and Allowances Act, 1977

31. Sikkim Ministers, Speaker, Deputy Speaker and Members of the

Legislative Assembly (Travelling Allowance) Rules, 1977

32. Sikkim Ministers, Speaker, Deputy Speaker and Members

Travelling Allowance (Amendment) Rules, 1978

33. Sikkim Legislative Assembly Members (Residential Accommo-

dation) Rules, 1981

34. Sikkim Children Rules, 1982 framed under section 64 of the Sikkim

Children Act, 1982

35. Sikkim Industries Licensing Act, 1982

36. Sikkim Sales Tax Act, 1983

37. Sikkim Panchayat (Amendment) Act, 1983

38. Sikkim Shops and Commercial Establishments Act, 1983

39. Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act,

1983

40. Tashi Namgyal Academy Board Act, 1983

41. Sikkim Public Works (Liability of Government and Contractor) Act,

1983

42. Sikkim Entertainment Tax(Amendment) Act, 1989

43. Sikkim Legislative Assembly Members (Payment of Pension) Act,

1984

Sikkim Housing and Development Board (Amendment) Act, 1985

Sikkim (Livestock and Livestock Products Control) Act, 1985

44.

PAGE

672.

672.

672.

674.

679.

680.

687.

697.

704.

735.

736.

768.

771.

785.

795.

797.

801.

802.

SL. NO. PAGE TITLE

50.

53.

62.

63.

64.

65.

46. Sikkim Cultivators' Protection Act, 1985

47. Sikkim Co-operative Societies (Amendment) Act, 1985

48.

49.

Sikkim Essential Services Maintenance Act, 1985

Sikkim Nationalised Transport (Prevention of Ticketless Travel and

Miscellaneous Provisions) Amendment Act, 1985

Sikkim (Repeal and Miscellaneous Provisions) Act, 1985

51. Sikkim Allotment of Housing sites and Construction of Buildings

(Regulation and Control) Act, 1985.

52. Sikkim Cinemas (Regulation) Amendment Act, 1985

Sikkim Agricultural Land Ceiling and Reforms( Amendment) Act,

1985

54. Sikkim Water Supply and Water Tax Act, 1986

55. Sikkim Ministers, Speaker, Deputy Speaker and Members of the

Sikkim Legislative Assembly (Salaries and Allowances)

Amendment Act, 1986

56.

57.

Sikkim Relief Undertaking Act, 1987

Sikkim Sewerage and Sewage Disposal Act, 1987

58. Sikkim Motor Vehicles Taxation (Amendment) Act, 1987

59. Sikkim (Collection of Taxes and Prevention of Evasion of Payment

of Taxes) Act, 1987

60. Sikkim Public Demands Recovery Act, 1988

61. Sikkim Forests, Water Courses and Road Reserve (Preservation

and Protection) Act, 1988

Sikkim Court Fees (Exemption and Miscellaneous Provisions)

Amendment Act, 1988

Sikkim Civil Courts (Amendment) Act, 1988

Sikkim Motor Vehicles Taxation (Amendment) Act, 1988

Sikkim Registration of Companies (Amendment) Act, 1989

809.

816.

816.

819.

821.

827.

833.

835.

836.

852.

853.

855.

866.

872.

875.

881.

920.

920.

921.

922.

.

.

72 . Denzong Agricultural Co-operative Limited (Acquisition of

certain shares and Miscellaneous Provisions) Act, 1991 928

SL. NO. TITLE PAGE

66. Sikkim Legislative Assembly Members (Payment of Pension)

Amendment Act, 1989

67. Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly (Salaries and Allowances) Amendment Act, 1990

68. Sikkim Official languages (Amendment) Act, 1990

69. Sikkim Motor Vehicles Taxation (Amendment) Act, 1990

70. Sikkim Panchayat (Amendment) Act, 1991

71. Sikkim Ministers, Speaker, Deputy Speaker and Members of

the Legislative Assembly (Salaries and Allowances) Amendment 927

Act, 1991

923.

924.

924.

926.

459

GOVERNMENT OF SIKKIM

HOME DEPARTMENT

No. 16 (7) 01/79/80 Gangtok dated 21st March 1980.

NOTIFICATION

SIKKIM KHADI AND VILLAGE INDUSTRIES BOARD RULES, 1980.

In exercise of the powers conferred by section 33 of the Sikkim Khadi and Village Industries

Board Act, 1978 (Act No. 11 of 1978 ) the Government of Sikkim hereby makes the following

rules, namely:

CHAPTER I

PRELIMIN ARY

1. These rules may be called the Sikkim Khadi and Village

Industries Board Rules, 1980.

Short Title.

2. In these rules, unless the context, otherwise requires, Definition.

a) "Act" means the Sikkim Khadi and Village Industries

Board Act, 1978. Act No. 11 of 1978) ;

b) "Board" means the Sikkim Khadi and Village Industries

Board established under section 3 of the Act;

c) "Chairman" means the Chairman of the Board appointed

under sub-section (b) of section 4;

d) "Chief Accounts Officer" means an Officer appointed

under section 5 of the Act;

e) "Executive Officer" means the Executive Officer of the

Board appointed under section 11 A ;

f) "Financial Adviser" means the Financial Adviser appointed

under section 5 of the Act;

g) "Financial Year" means the year commencing on the 1st

day of April and ending on 31st March;

"Form" means forms appended to these rules; h)

i) "Government" means the Government of Sikkim;

j) "Secretary" means the Secretary of the Board appointed

under sub-section (d) of section 4;

"Section" means the section of the Act. k)

460

CHAPTER II

BOARD OFFICE, MEMBERS DISQUALIFICATIONS, ALLOWANCES AND

STANDING FINANCE COMMITTEE

Office of the

Board

3. The Office of the Board shall be located at Gangtok or

such other place as the State Government may direct.

Terms of Office 4. Save as here. in-after provided. a member of the Board shall hold'

office for a period of three years unless the Board is dissolved by

the Government under section 35.

Disqualifications for

membership of the

Board

5. A person shall be disqualified for being appointed as, and

for being, a member of the Board if he

(a) is found to be a lunatic or a person of unsound mind; or

(b) has been adjudged insolvent; or

(c) has been convicted of an offence involving moral turpitude ; or

(d) has directly or indirectly any interest in any subsisting contract

with. or in any work being done for the Board except as a

shareholder (other than a director or a managing agent) in a

company as defined under the Companies Act:

Provided that in the case of being a shareholder, he will

disclose to the Government the nature and extent of shares

held by him in such a. company:

Provided further that membership of a co-operative Society

shall -not be a disqualification so long as the person

concerned is not a director; or

(e) has any financial interest in any business or undertaking

dealing with Khadi or any Village Industries as defined in

sub-sections (c) and (d) of section 2; or

(f) in the opinion of the Government, has failed or is

unable to carry out his duties; or

(g) absents himself from three consecutive meetings of the

Board without the leave of the Board.

461

6. The Government may, by notification in official Gazette, remove

from office any member of the Board who is or becomes subject

to any of the disqualifications mentioned in rule 5:

Provided that before issuing such notification, the Government

shall give an opportunity to the member concerned to show cause

against such removal.

7. A member appointed to fill a casual vacancy shall hold office for so

long as the member whose place he fills, would have been

entitled to hold office.

8. (1) The Chairman, the Vice-Chairman and the Secretary and non-

official members of the Board shall not be entitled to any salary

but shall draw such honoraria and other allowances from the

funds of the Board as the Government may, from time to time, fix.

They shall also draw travelling and daily allowances for journeys

performed for attending the meetings of the Board and for the

purpose of discharging such duties as may be assigned to them

by the Board in accordance with the rule’s and orders issued by

the State Government from time to time at the rates admissible to

Class 1 officers of the Government.

(2) Save as provided under sub-clause (c) of section II A of the

Act, the remuneration, allowances and other conditions of the

service of the Executive Officer shall be such as may be fixed by

the Board with the prior approval of the State Government.

9. (1) The Board shall constitute, under 8ection 12 of the Act,

'Standing Finance Committee, from among the members of the

Board, other than the Chairman, the Vice-Chairman and the

Secretary consisting of not more than three and not less than two

members. The Executive Officer shall act as Secretary of the

Standing Finance Committee. The Executive Officer and the

Financial Adviser and the Chief Accounts Officer shall 'have the

right to attend every meeting of the Committee but shall not have

the right to vote thereat.

(2) Tenure of the Standing Finance Committee shall be for a

period of three years.

(3) The Standing Finance Committee shall deal with all

applications to the Board for sanction of financial assistance

Removal from

the Board

Casual Vacancies

Salary and

allowances

Standing Finance

Committee

Powers and duties

of the Committee.

462

and all sanctions pertaining to the Budget and other financial

matters of the Board which are not within the powers of any

officer under the control of the Board.

CHAPTER III

POWERS OF THE CHAIRMAN, VICE CHAIRMAN, EXECUTIVE

OFFICER, FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER.

Powers of the

Chairman

10. (I) The Chairman shall be responsible for the proper functioning of

the Board and the implementation of its decisions and discharge

of its duties under the Act.

(2) In particular, the Chairman shall

(a) cause the important papers and matters to be presented to

the Board as early as practicable;

(b) issue directions as to the methods of carrying out the

decisions of the Board;

(c) maintain or cause to be maintained an account of the receipts

and expenditure of the Board;

(d) present a draft annual report of the working of the Board to the

Board for approval and submit the report as approved by the

Board to the Government. The report

approved by the Board shall be circulated to the members of the

Board for their information;

(3) The Chairman shall exercise administrative control over all

departments and officers of the Board;

(4) The Chairman may sanction expenditure on contingencies,

supplies and services and purchase of articles required for

working of the office of the Board and for the execution of

measures in furtherance of the object of the Act;

(5) The Chairman may exercise such financial powers subject to

necessary provisions in the budget as are delegated to him by

the Board from time to time;

463

(6) The Chairman shall be the controlling officer in respect of Bills

regarding travelling and daily allowances payable to himself or

the other members and other officers of the Board.

11. (1) The Vice Chairman shall exercise such of the powers and

perform such of the duties as may be delegated to him by the

Chairman.

(2) He shall, in the absence of the Chairman, exercise all the

powers and perform all the duties of the Chairman unless

otherwise directed by the Chairman or the Government.

12. (l) The Secretary shall work under the general control of the

Chairman who may delegate to him such powers and duties as

may be considered necessary including the following powers

and duties

(a) convening of meetings of the Board under the directions of

the Chairman;

(b) drawing up agenda for each meeting under the directions of

the Chairman and supplying the same to each member of the

Board along with the notice of the meetings;

(c) maintenance of the

Board;

minutes of the meetings of the

(d) furnishing to the State Government all reports including

annual reports and returns and necessary documents required

under the Act or under these rules;

(e) preparation of the Annual Budget of the Board in

consultation with the Financial Adviser and Accounts Officer.

(2) The Secretary shall keep a record of the members of the

Board and their addresses. If a member changes his address. he

shall notify his new address to the Secretary who shall thereupon

enter his new address in the record. But if the member fails to

notify his new address, the address on the official record shall for

all purposes be deemed to be the member's address.

Powers of the

Vice-Chairman

Powers of the

Secretary of the

Board.

464

Powers of the 13. (I) The Executive Officer shall work under the control of

Executive Officer the Chairman and/or under the direction of the Secretary .He

shall be entitled to attend all the meetings of the Board but shall not

be entitled to vote.

(2) He shall

(a) supervise 'and control the work of the officers and servants

employed by the Board;

(b) implement the decisions taken by the Board;

(c) frame annual Budget Estimates and Supplementary Budget

Estimates under the direction of the Secretary and place them before

the Board along with the views of the Financial Adviser and Chief

Accounts Officer;

(d) administer the contributory provident fund of the Board . when established;

(e) sanction contingent expenditure to the extent of power delegated to

him by the Board from time to time;

(f) examine applications for assistance, both grants and loans, and

place them before the Board for sanction;

(g) have the right to refer to the Board any matter having financial

implications which in his opinion ought to be brought to the notice of

the Board;

(h) have the right to record his views in consultation with the Financial

Adviser and Chief Accounts Officer on every proposal involving

expenditure from the funds of the Board, prior to the consideration and

approval of such proposals by the Board;

(i) undertake such other duties and exercise such other powers as may

be assigned to him by the Board or the Chairman.

Powers of the

Financial Adviser

and Chief A

Accounts Officer.

14. In the discharge of his functions, the Financial Adviser and

Chief Accounts Officer shall

(a) advise the Board on all matters relating to receipt and expenditure;

465

(b) have the right to attend every meeting of the Board but shall

not have the right to vote thereat. He shall also have the right to

refer to the Board any matter having financial implications which

in his opinion ought to be brought to its notice;

(c) scrutinize and supervise the preparation of the budget of the

Board, the compilation of the annual and other financial

statements and the manner in which the accounts of the Board

are to be maintained made available to audit;

(d) have the right to record his views on every proposal involving

expenditure from the funds of the Board prior to the

consideration and approval of such proposals by the Board;

(e) have authority to advise the Board that a particular decision

affecting the general financial policy of the Government should

be referred to Government for consideration;

.(f) arrange for the maintenance of proper accounts of the Board;

(g) arrange internal checking and inspection of the accounts of

the Institutions receiving financial assistance from the Board;

(h) cause preparation of annual report and statement of

accounts for submission to Government and to the Commission;

(i) arrange for the maintenance of proper accounts and arrange

disbursement of contributory provident fund of the Board;

(j) undertake such other duties and exercise such other powers

as may be assigned to him by the Board.

CHAPTER IV

POWER OF CONTRACTS, GRANTS,LOANS AND BORROWING

15. (l) The Board may, in connection with its trading and other

activities, delegate such powers to the Chairman, the Secretary

or Financial Adviser or Executive Officer, for

Contracts

Powers

grams

to sanction

Power to grant

loans.

466

entering into contracts, signing of agreements or execution of

bonds or undertaking on its behalf, as it may think fit:

Provided that the amount or value of the contract or agreement

does not exceed ten thousand rupees.

(2) The Board, in the case of any Contract or agreement

exceeding rupees ten thousand, shall seek approval of the

Government prior to its execution.

(3) All contracts or agreements entered into by or on behalf of the

Board shall be in writing, signed and sealed with the common

seal of the Board by any of the persons as mentioned under sub -

rule (I) above

(4) Any person authorized under sub-rule (1) to enter into

contract on behalf of the Board shall not be personally liable for

any act done on its behalf and any liability arising out of such

contract shall be discharged from the moneys of the Board.

16. (1) The Board shall disburse grants in accordance with and at

rates and on terms sanctioned by the Government in respect of

each industry, from time to time. The Government may on its own

motion or on the recommendation,. of the Board or of the Khadi

and Village Industries Commission, modify or supersede the

financial rates and terms previously sanctioned.

(2) The Board may reduce the rates at which grants are payable

in individual cases to such extent, as it thinks necessary but shall

not enhance such rates except with prior approval of the

Government.

(3) Grants and subsidies shall be paid only to Institutions

approved by the Board or registered under the law, for the time

being in force.

17. (1) The Board shall advance loans in accordance with and

at rates and terms sanctioned by the Government in respect of

each industry, from time to time.

(2) The Board shall not be competent to modify, amend or

otherwise vary the provisions of the loan rules.

(3) The Government may, on its own initiative or on the

recommendation of the Board, modify or amend the

467

loan rules. The modification or amendment will have effect from

the date it is made by the Government.

18. The Board may, with the previous sanction of the Government,

borrow on the security of its funds or assets for the purposes

specified in the Act and in accordance with sub-section (2) of

section 25 of the Act.

CHAPTER V

ANNUAL PROGRAMME, BUDGET,ACCOUNTS

AND FUNDS

19. (1) The programme of work referred to in section 18 of the Act

shall be prepared well in advance for the next financial year

and shall be forwarded to the Government before the 30th of

September or any other date fixed therefor by the Government,

preceeding the said financial year.

(2) A Supplementary programme, if any, under section 20 shall

be prepared by the Board in any financial year and shall be

forwarded to the Government before the 30th June in that year

or any other date fixed by the State Government.

20. (1) The budget estimates (separately for 'Khadi and Village

Industries') of the Board for every financial year beginning on the 1st

day of April and ending on the 31st day of the March following shall

be prepared by the Secretary or such officer as may be empowered

by the Chairman in this behalf, sufficiently in advance. of the date

fixed in sub-rule (3) and in accordance with sub-rule (5), (6) and (7).

(2) The Board shall consider and approve in consultation with

the Financial Adviser, and may incorporate such changes as it

thinks fit.

(3) The budget estimates as approved by the Board shall be

submitted to the Government normally by the 15th October, but

in no case later than the end of October of each year. The Board

shall forward copies of the budget to the Khadi and Village

Industries Commission for information and remarks, if any.

Power to borrow

Annual Programme.

Budget: Preparation

and submission

of Annual Estimates.

468

(4) Subject to such orders as may be issued by the Government from

time to time, no expenditure shall be incurred by or on behalf of the

Board unless the same is covered by a specific provision in the

budget sanctioned by the Government :and expenditure authorised

by, the competent authority of the Board.

(5) The budget shall, among other matters include,

a) the opening balance;

b) the estimates receipts by way of funds to be released by the

Government, recovery of interest, refund of loans and other

miscellaneous receipts;

c) the proposed expenditure separately under "KHADI" and

"VILLAGE INDUSTRIES" classified under the following heads or

such other heads as may be deemed suitable with the concurrence

of the Financial Adviser of the Board; and

d) the matters relating to:

(i) administration, (ii) subsidies and grants, (iii) loans, (iv) trading

accounts, (v) accounts for the purchase of all raw materials required

for the manufacturing activities of the Board,

(vi) research, (vii) training, (viii) information and publicity,

(ix) exhibition, conference, seminars, etc.

(6) The expenditure under the above heads shall be further classified

under the following sub-heads:

a) Central office of the Board and all other items of the administrative

expenditure not included under sub-heads (b) and (c) of sub-rule (5)

b) Khadi Scheme; and

c) Village Industries Scheme.

Each of the Sub-heads shall contain the following secondary units of

(7) appropriation

(a) pay and allowances of the officers;

(b) pay and allowances of the establishment;

469

(c) allowances and honorarium, etc;

(d) travelling allowances;

(e) other charges-contingencies, etc.

21. If during any financial year for any reasons, substantial

modification of the Budget estimates as finally approved by

Government is likely to be involved, the Board shall submit for

approval to the Government, supplementary estimates in the

term and on such dates as the Government, by order, from time

to time, direct.

22. (1) All moneys received by the Board shall be deposited in the

Bank as may be approved by the Government and shall be

credited to an account entitled "The Sikkim Khadi and Village

Industries Fund", as the case may be.

(2) The account of the Board shall be operated upon by such

officers jointly or individually as. may be authorised by the

Board.

(3) The Board may invest any part of its funds which is not

immediately required for any purpose in such securities or short-

term deposits as may be approved by the Government, from

time to time.

(4) The Government while approving the budget may sanction

the payment of grant or grants to cover the revenue deficit and

loan to cover the gap .in resources in these funds. Such grants

and loans may be disbursed in advance or by instalments or in

such manner as the Government may determine.

23. (1) The Annual Report, referred to in section 28 of the Act shall be

prepared by the Secretary under the direction of the Chairman

and shall be laid before the Board for approval and shall be

forwarded to the Government before the expiry of the period

specified in the said section.

(2) The Annual Report shall be in such form as the Government,

may from time to time direct and contain particulars, inter-alia to

indicate full details of the following

(a) budget estimates and the actual expenditure;

(b) production and sale of Khadi;

Supplementary

Estimates

Funds of the

Board

Annual Report

Annual Statement

of accounts

470

(c)

(d)

production and sale of products of Village Industries;

production and sale of charkhas and other implements;

(e) employment data for each scheme in operation;

(f) training of personnel.

(3) The Secretary, shall, under the direction of the Chairman,

prepare monthly progress reports, statements, and returns. The

Board shall submit to the Government and the Khadi Village

Industries Commission

(a) monthly statement of accounts showing the details of

disbursement made by the Board;

(b) monthly statement of accounts showing the drawings from the

funds of the Board;

(c) quarterly progress report on. Khadi and Village Industries

specified or deemed to be specified in the schedule to the Khadi

and Village Industries Commission Act, 1956.

24. (1) Within three months of the close of the financial year, the

annual statement of accounts referred to in subsection(2) of

section 29 shall be prepared in the prescribed manner showing

the financial result of various schemes, works or undertakings of

the Board in that year for submission to the Government and the

Khadi and Village Industries Commission.

(2) The accounts shall be maintained by the Secretary or any

other officer duly authorised by the Chairman with the approval of

the Government in the forms and. registers' mentioned below or

in such manner or with such additions and alterations as may be

prescribed by the Government

Form No. VIII

Form No. IX

Form No. X

Cash Book.

Subsidiary accounts to Cash Book;

Classified abstract of receipts

disbursements.

Form No. XI Form

No. XII Form No. XIII

.

Register of securities.

Receipt of payment to the Board.

Register of Cheque Book.

471

Form No. XIV

Form No. XV

Form No. XVI

Register of stock of Receipt Book.

Register of stock of Furniture’s.

Register of Advance/Permanent/

Temporary.

Annual accounts of receipt/expenditure. Form No. XVII ...

25. Notwithstanding anything contained in these Rules, the Govern-

ment may require special reports from the Board .and lay down the

manner and the form in which such reports shall be made or may

require from the Board, answers to questions upon which the

Government may need information. The Government may also

require the Board to furnish true copy of each or any contract,

agreement, understanding or arrangement entered between the

Board and any other party.

CHAPTER VI

MISCELLA NEOUS

26. (I) The Board may write off losses up to five hundred rupees in

individual cases and not exceeding five thousand rupees in the

aggregate in any financial year in cases falling under any or all of the

following categories:

(a) loss of irrecoverable value of stores of public money due to theft,

major or the negligence of individuals or such other cases;

(b) loss of irrecoverable advance other than loans;

(c) the deficiency and depreciation in the value of stores subject to

the condition that the loss does not disclose a defect of system, the

amendment of which requires the orders of the Government.

(2) The Board shall take suitable action against the person or

persons responsible for the loss and send a report to the

Government on the action taken.

(3) Notwithstanding anything contained hereinbefore, the losses

occasioned by irrecoverable loans shall not be written off without the

previous sanction of the Government.

27. The common seal of the Board shall remain in the custody

of the Executive Officer of the Board.

28. Notwithstanding anything contained in these Rules, the Government

may, from time to. time, add, amend, substitute or alter such rules as

may be deemed necessary.

Power to write

off losses.

Custody of

common

seal.

Power to add,

amend,

Substitute or

alter the rule

Receipts

FORM NO. VIII (See sub-rule (2) of rule 24

CASH BOOK

Disbursement -

Date Item or From Parti- Amount Initials of Date Voucher To whom Particu- Budget Amount Initials of

Serial No.

whom culars respon- or: paid lars Head respon-

received. Cash sible Sl. No. Cash sible

Book authority. Book authority.

Opening Rs. Rs. Brought Rs. Rs.

Balance Forward

Carried Carried

Over. Over.

Form No. IX

SUBSIDIARY ACCOUNT TO CASH BOOK

Name of Scheme Period of

Scheme Recurring Liability

Non-recurring Liability

Sanctioned Vide

Total

Details, if any. DISBURSEMENTS

Date Voucher

No.

To whom

paid

Particulars Amount

Cash Bank Initials of responsible

authority

Carried Over

FORM NO. X

(PART-II) CLASSIFIED ABSTRACT OF RECEIPTS,

Serial

Number Head of

Account

April May

Amount Voucher

Number Voucher

Number

Rs. Rs.

19 - 19

Amount

Progressive

Total Amount

March Progressive Remarks

Total Voucher

Number

Rs.

FORM NO. X (PART-III)

CLASSIFIED' ABSTRACT OF DISBURSEMENT FOR............

SI. Head Original Grant modi. Final Outlay to No. of fication during Grant the end of Acc. the course of at the previous ount the year end of year Autho- Amount the brought rity and addition year forward parti- or deduc- culars tion Rs. Rs. Rs.

Transaction of the year Progress MARCH Remark

.

ive

April May Total Voucher Amt Voucher Amt Voucher Amt Number No No

Rs. Rs. Rs.

.

FORM NO. XI Register of securities for the period from

Safe Cus- INTEREST DUE

tody

Receipt

Number Due

I

Amount of Date

date interest

Sl.

I

Date of

l

Particulars No Pur--

of securities

chase

AMOUNT

Purchase Value

Face Value

Rs. Rs.

REALIZATION OF INTEREST Amt Initials Date Amt initials received Acco received Acco untant untant

Remarks

Rs. Rs. Rs.

FORM NO. XII

RECEIPT FOR PAYMENTS TO THE BOARD

KHADI AND VILLAGE INDUSTRIES BOARD

( Counterfoil )

Book No... ............................... Receipt... ........... . ............ ...

Received from ..................

Rs ................................................. on account of..................

... . . . . . . . . . . .. ... ... ... . . . . . . . ....... . . . . . . ... .. . . . .. . . ...

...

(NOT TRANSFERABLE)

Cashier and

Accountant.

Secretary

SIKKIM KHADI AND VILLAGE

INDUSTRIES BOARD.

Book No...........

Received from..............

Rs...............................on account of ............................ ...

... ......., ... .......... . . ......... .. .. . ........................ "..........

Place.. . .. ..

Date. ............................ ... ............................... 19....... ......

Cashier and

Accountant.

Secretary

SIKKIM KHADI AND VILLAGE

INDUSTRIES BOARD.

FORM NO. XIII

(See sub-rule (2) of rule 24)

REGISTER OF CHEQUE BOOKS

Number of Cheque Books

Initials of the Secretary

Date of completion

Date initials of the Accountant for having received and examined the counterfoil

Date From whom No. and date of the communi No. of books No. of rec- Nos. borne Nos borne To whom received cation with which received (each from) eipt forms by the books by the recei- issued received received pt forms

(1) (2)

FROM NO. XIV

REGISTER OF STOCK RECEIPT BOOKS

( 3 ) ( 4 ) ( 5 ) (7) (8) ( 6 )

Issues Balance in Stock No. of Nos. borne Nos. borne Initials Remarks receipt by the by the of the books receipt Secretary forms 15) (16) (17) (18) (19)

No. of

books No. of books

issued

No. of Nos borne Nos borne by Dated ini-

of forms by the the receipt tials of

issued books forms the Acco

ountant

(9)

(10) (II) (12) (14) (13

FORM NO. XV

(See sub-rule (2) of rule 24)

REGIS1ER OF STOCK OF FURNITURE

RECEIPTS

Sl. Voucher Particulars Value No. of Date of Orders No. of quan- Amount if any Date of Dated in. Balance of

No. No. & of stores &

Rs.) quantity issue tity of issue realized from credit in itials of each item,

Date furniture’s sale each book

Accoun. after each

(Rs. tant transaction

1) (2) (3) (4) (5) (6) (7) . (8) (9) I (10) (II) (12)

FORM NO. XVI

REGISTER OF ADVANCE PERMANENT /TEMPORARY

Issuing To whom Particulars of Payments Amount Date Made Amount Repayments 'Remarks

authority made the advance Date of pay- paid

ment of the Dated initials Balance advance

of the

Accountant

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

Rs. Rs. Rs.

Annual Account for the year 19

RECEIPT

FORM NO. XVII

19 Relating to grant for

EXPENDITURE

Head Account I Receipt during I Remarks

the year Grant payment Expenditure

during year Excess or

savings over net grant

Remarks

Original Net Head of Account

Opening

balance Rs. Rs. Rs. Rs. Rs.

Closing Balance

II. Particulars of advance, permanent and temporary, outstanding at end of the year. ~ . :J . :J

Particulars Amount

III. Particulars of securities etc. Purchase

Value

Approximate

Market Value.

Particulars of securities Face Value

IV. Particulars of closing balance Secretary,

Sikkim Khadi and Village Industries Board.

Certified that the above accounts have

AUDIT CERTIFICATES

been audited and found correct.

Auditor/Accountant-General

Sikkim

478

THE SIKKIM LAND REQUISITION AND. ACQUISITION RULES 1978.

Notification No

.

70/LR (8) Dated, 28. 4. 78

Short title and Com-

mencement.

In exercise of the powers conferred by Section 18 of the Sikkim

Land (Requisition and Acquisition) Act, 1977 (1 of 1978) the State

Government hereby makes the following rules:

1. (a) These rules may be called the Sikkim Land (Requisition

and Acquisition). Rules, 1978.

(b) They shall come into force at once.

Definition 2. In these rules unless there is

subject or context,

anything repugnant in the

(i) 'Act' means the Sikkim Land (Requisition and Acquisition) Act,

1977;

(ii) 'Form' means a form appended to these rules;

(iii) 'Section' means a Section of the Act.

(iv) 'Government' means the State Government of Sikkim.

3. All proceedings under the Act shall be held before the Collector or the

Court, as may be applicable, within whose .jurisdiction the Land

to be requisitioned or acquired is situated.

Procedure to be 4.

followed for the purpose

of Section 3.

(1). Where it is decided to requisition a Land the Collector shall call

upon, in LR.A. Form I, the owner or any other person who may be in

possession of the land to show cause within fifteen days of the date

of the service of the notice on him, why the land should not be

requisitioned. He shall also direct the owner of the land or any other

person not to dispose of or structurally alter the land except with his

permission.

(2) After considering the objection, if any, put in by any person

interested in the land the Collector, if he is satisfied that it is

necessary to do so, may order the requisition of the land. Order of

requisition of the land shall be in L.R.A. Form 2.

Order of Requisi-

tioning and the

manner of service.

5. (1) The order under Section 3 shall be served on the owner of the

land and where the land is in the occupation of an occupier, not

being the owner of the land, also on such occupier in the

following manner:

479

(i) By delivering or tendering it personally to that person or

(ii) If it cannot be delivered or tendered in the above manner by

delivering or tendering it to any adult member of the family of such

person, or by affixing a copy thereof on the outer door or on some

conspicuous part of the premises in which that person is known to

have last resided or carried on business or personally worked for

gain, or failing service by these means, by registered post.

(2) Where any order is to be served on any Corporation or firm, it

shall be served in the manner provided below

(a) Upon anyone or more of the partners, Secretary, any director

or other principal officer of the Corporation or firm,

(b) By leaving it or sending it by registered post addressed to the

Corporation/firm at its office, or if there is no registered office then

at the place where the Corporation/firm carries on business.

(3) Where the ownership of the property is in dispute or where the

persons interested in the property are not readily traceable and the

order cannot be served without undue delay, the order may be

served by publishing it in the official Gazette and by affixing a copy

thereof on any conspicuous part of the property to which it relates.

(4) Where the owner or any other person who may be in

possession does not surrender or deliver possession in pursuance

of the order served in L.R.A Form 2, the Collector or any person

duly authorised by him in writing may take possession of the

property and may, for that purpose, use such force as may be

necessary.

(5) Where any premises are requisitioned under Section 3, the

Collector may order the owners to execute such repairs as may be

necessary and are usually made by owners in that locality and as

may be specified in the notice, within such reasonable time as may

be mentioned therein and if the owners fail to execute any repairs in

pursuance of such order, the Collector may cause the repairs

specified in the orders to be executed at the expense of the owners

and the cost thereof may, without prejudice to any other mode of

recovery, be deducted from the compensation payable to the

owners.

Delivery of

possession.

Repairs to requisitioned

premises.

Acquisition of

requisitioned

property.

Release from

requisition

480

6. (1) Where it is decided to acquire the land requisitioned under

Section 3, the Collector before making his recommendation to the

State Government shall call upon the person interested or any other

person who may be interested in such land in L.R.A. Form 3 to show

cause why the land should not be acquired.

(2) Where no objection is received by the date specified in the

notice under sub-rule (1) or where objections have been received

after hearing the interested person/persons, the Collector shall

forward his recommendation along with the connected papers to the

State Government for acquiring the land under Section 4.

(3) On receiving the recommendation of the Collector under Sub -

rule (2) the State Government shall, after examining the connected

papers, if necessary, make a notification to the effect that such land

is required to be acquired for any public purpose in L.R.A. Form 4.

(4) After the publication of the notification under sub-rule (3) the

Collector shall cause a public notice to be given at any convenient

place on or near the land to be acquired in L.R.A. Form 5.

(5) The Collector shall also serve notice on the occupier, if any, of

such land and on all such persons known or believed to be

interested therein or to be entitled to act for such occupier or

persons so interested, as reside or have agents authorised to

receive service on their behalf, within the district within which the

land is situated in L.R.A. Form 6 in the manner prescribed in Rule 5.

7. (I) Where any land requisitioned under Section 3 is not acquired

and is to be released from requisition, the State Government may

release the land by order in L.R.A. Form 7 in favour of the person

who appears to it to be entitled to the possession of such land.

(2) Where the person in whose favour delivery of possession of

land mentioned in L.R.A. Form 7 is to be made is not found or is not

readily traceable or has no agent or other person empowered to

accept delivery on his behalf, the State Government shall publish a

notification in L.R.A. Form 8 declaring that such land is released

from requisition.

481

8. Where the person interested in the land acquired is not present

personally or by his representative when the award is made,

the Collector shall give in L.R.A. Form 9 immediate notice of the

award made ex-parte to such person. The notice shall be

served in the manner prescribed in rule 5.

9. (1) Where the Collector and the person interested do not agree as

to the amount payable under Section 8 or where the person

interested cannot be traced or does not appear before the

Collector when called upon to be present, the amount shall

consist of the following:

(a) A recurring payment, in respect of the period of requisition of

a sum equal to the rent which would have been payable for the

use and occupation of the land taking into account net profit

received or receivable thereof for the years next preceeding the

date of requisition, if it had been taken on lease for the period

and

(b) Such sum, or sums, if any, as may be found necessary to

compensate the person interested in all or any of the following

matters namely:

(i) Pecuniary loss due to requisitioning;

(ii) Expenses on account of vacating the requisitioned premises;

(iii) Expenses on account of re-occupying the premises upon

release from requisition; and

(iv) Damage (other than wear and tear) caused to the land du-

ring the period of requisition, including the expenses that may

have to be incurred for restoring the land to the condition

in which it was at the time of requisition.

(2) During the period of requisition the land revenue/rent for the

land will be payable by the owners; but in case of acquisition the

land revenue/rent shall be remitted from the Fasli year next after

the acquisition of land.

(3) Where the persons interested In the land are not present

personally or by their representatives when the award is made,

the Collector shall give immediate notice of his award in L. R .A.

Form 10. The notice shall be served in the manner prescribed in

Rule 5.

Notice of award.

Principles and

method of deter-

mining amount.

482

Collector to follow

procedure of Civil

Court.

10. The Collector while holding an enquiry or taking proceedings under

the Act shall follow the procedure of a Civil Court while trying a suit

under the law relating to civil procedure in respect of the following

matters, namely:

(a) Summoning and enforcing the attendance of any person

and examining him on oath;

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavits;

(d) Requisitioning any public record from any court or office;

and

(e) Issuing commission for examination of witnesses.

L.R.A. FORM 1

NOTICE

OFFICE OF THE DISTRICT COLLECTOR

DISTRICT .......................

Where it appears that .......................acres of land/property

situated in Block......................................................... District ......................described

below is needed for public purpose namely .................................................... ........................

I ............................. .................................................. District Collector, District............... ........ ......

................................................in pursuance of the power given to me under Section 3 (2) of the

Sikkim Land (Requisition and Acquisition) Act, 1977 (1 of 1978) hereby call upon the owner or

any other person who may be in possession to show cause within fifteen days of date of the

services of this notice on him, why the land/property should not be requisitioned. The owner of

the property or any other person shall not without the permission of the undersigned dispose of

or structurally alter the property aforesaid. The owner shall also furnish a statement containing

so far as may be practicable

at .............. ... ............................. ......................... (place) on .......................................... the name

of every person possessing interest in the land, or any part thereof as co-owner, mortgagee,

cultivator or otherwise, and the nature of such interest and of rents and profits (if any) received

or receivable on account thereof for three years next preceeding the date of statement.

Description of land........................................................................................ ............

Dated,......... ... ......... ... .......197 COLLECTOR DISTRICT

..................

483

L. R. A. FORM 2

ORDER.

Whereas it appears that........ : ....................................................................

acres of land/property situated in Block ................................................ . ........................ ...........

District described below is needed for public' purpose namely...................................

for .............................................................I ............................ ... ... ................................ .District

Collector District ..................................................in pursuance of the power given to me

under Section 3 (2) of the Sikkim Land (Requisition and Acquisition) Act, 1977 (1 of 1978)

hereby, requisition the aforesaid land/property and require your (owner of the land) or his

nominee to deliver possession thereof within three days of the service of this order, failing

which delivery of possession may be enforced by using such force as may be necessary.

Description of land... ........... ......

Dated ........................... . ...197

COLLECTOR DISTRICT

..............

L.R.A. FORM 3

NOTICE

No................................... ...... Dated......................... .197 .

Whereas it appears necessary to acquire the land situated in Block District.......

..described below which had been requisitioned under Section . "; ,

3 of the Sikkim Land (Requisition and Acquisition) Act, 1977 (I of 1978) on...............

............................ ...for... ........... ................................... ...(public purpose) by the undersigned,

Sri... ... the interested persons R/O.. .................................................. ......

Block ....................................... District.............................................. is called upon to appear on

..............................................................at 10 A.M. and show cause why the land should not be

acquired. If no objection is received on the aforesaid date, the land-shall be acquired under

Section 4 of the above Act.

Dated .................................. ... ...197

COLLECTOR

DISTRICT........

484

LR.A FORM 4

GOVERNMENT OF SIKKIM

LAND REVENUE DEPARTMENT

Notification No..................................... . ... Dated Gangtok.................. .197

Whereas it appears to the Governor that .......... :acres of land situated in Block

District described below which had

'been requisitioned' on ..... :.............................................. ..197 for ...............................................

(public purpose) by Collector, District... .......................... ...............................it is. hereby notified

that the aforesaid land is now acquired under Section 4 (2) of the Sikkim Land (Requisition and

Acquisition) Act, 1977 (1 of 1978). The land requisitioned shall on the date. of publication of this

notification vest in the State Government free from all encumbrances and the period of

requisition shall end forthwith.

Particulars of land ......................................... ........................................

Dated.......................................... .197 BY ORDER,

Secretary,

Land Revenue Department,

Government of Sikkim, Gangtok.

L.R.A. FORM 5

Public notice under Section 5 (1) and (2) of the Sikkim Land (Requisition and Acquisition) Act,

197.

Whereas the under mentioned land has been acquired under Section 4 of

the Sikkim Land (Requisition and Acquisition) Act, 1977 (1 of 1978) vide

Notification No....................................................published in the Sikkim Gazette dated...............

197 all persons, interested in the said land are hereby called upon to attend personally or

'through agent at ....................(place) on... ..................................................(enter a date not less

than 15 days from the date of publication of the notice)..........................................O'clock to put

in a statement in writing (signed by themselves or by agents) showing the nature of their in-

terest in the land, the amounts and the particulars of their claim to compensation in request of

such interests, the basis on which the compensation so claimed is computed, their objection, if

any. to the area specified in the declaration and to put in a statement containing as far as may

be practicable the name of any other persons possessing any interest in the land or any part of

it as co-owner, mortgagee, cultivator or otherwise the nature of such interest and the rents and

profits (if any) received or receivable on account of it for three years next preceeding the.

statement.

(Particulars of land to be entered)

Dated, ... ................................ 197

COLLECTOR

DISTRICT.........................

485

L.R.A. FORM 6

Whereas the Governor of Sikkim has been pleased to acquire.......................... .acres

of land situated in Block ..........................................District ................................................under

Section 4 of the Sikkim Land (Requisition and Acquisition) Act, 1977 (I of 1978) described

below and previously requisitioned under Section 3 of the Sikkim Land (Requisition and

Acquisition) Act, 1977 as per Government Notification No.............

............. ...dated ............................................................................. I... ...Collector.. ... ...............

hereby call upon occupier, if any, on such land and all persons interested in the land

personally or through agent at ......................................... (place) ...................................... .....

on ................ .......(a date not earlier than 15 days of the publication of the

notice) and to, state in writing the nature and particulars of the claim to the amount payable for

the acquisition of such land.

Dated ................ .....

COLLECTOR

DISTRICT.. .........................

L.R.A. FORM 7

Government of Sikkim. Land Revenue Department

Whereas it appears to the Governor that ........................... ...............acres of land situated

in block....................................................District described below which was requisitioned

on ..............................................under Section 3 of the Sikkim Land (Requisition and

Acquisition) Act, 1977 (I of 1978) is not to be acquired, it is hereby released from

requisition. The delivery of possession of the land to Shri... ....................... owner

occupier will be effected by the Collector or his nominee and that shall be a full discharge of

any liability of the State Government for any claim for any amount payable for requisition or

other claim in respect of the land for any period after the date of delivery.

Description of land.

BY ORDER.

'Dated .....: ................................ 197

Secretary, Land Revenue

Department, Government of

Sikkim,

Gangtok.

486

L.R.A. FORM 8

GOVERNMENT OF SIKKIM

LAND REVENUE DEPARTMENT

Notification No. Dated Gangtok, the............................197 .

Whereas the Governor has been pleased to release under his orders dated ..................

acres of land situated in Block........................................................District described below and requisitioned by Collector........................................vide his orders

dated... ... ................and

Whereas the person in whose favour delivery of possession was to be effected is not found

or is not readily traceable or has no agent or other person empowered to accept delivery on his

behalf, it is hereby notified that the aforesaid land is released from requisition. The land shall

cease to be subject of requisition on and from the date of this publication and shall be deemed

to have been delivered to the person specified in the order made under Sub-Section (I) of

Section 6 and the State Government shall not be liable to pay any amount or claims in respect

of such land for any period after the said date.

LR.A. FORM 9

NOTICE

SUB SECTION 3 (b) OF SECTION 7

Whereas Shri ................. .. RIO Block...........

District ........................................................an interested person in the land description of which

is given below and which has been acquired under Section 4 of the Sikkim Land (Requisition

and Acquisition) Act. 1977 (l of 1978) is not present personally or through his representative at

the time when award under Section 7 is made, a copy of the award is hereby sent to him for

information and to appear before the undersigned

on... ... .......................................................... ... ......................... and receive payment thereof.

Description of the land................. ............ ............................ ............................

COLLECTOR

Dated.................. ... .......... ...197 DISTRICT ............................

487

L. R. A. FORM 10

(SECTION 8 (2) (a) ) .

Whereas Shri......................... ................................ ...........- R/O Block........................ ......

.................... ...................................District ............................................an interested person

in the land description of which is given below and which has been requisitioned under Section

3 of the Sikkim Land (Requisition and Acquisition) Act, 1977 (I of 1978) is not present

personally or through a representative at the time when award under Section 8 (2) (a) is made,

a copy of the award is hereby sent to him for information and to appear -before the

undersigned on at............... and to receive payment thereof.

Description of land.

Dated ........................... ...19 COLLECTOR

DISTRICT.............................

LAND REVENUE DEPARTMENT

Notification No. 96/L.R. (S)

Dated Gangtok, the 1st May, 1978.

In exercise of the power conferred by Section 1 (3) of the Sikkim Land (Requisition and

Acquisition) Act, 1977 (I of 1978 )the State Government (If Sikkim hereby appoints the date of

enforcement of the above act w. e. f. 22nd April, 1978.

LAND REVENUE DEPARTMENT

Notification No. 4/L. R.

Dated Gangtok, the 22nd June, 1978

In exercise of the powers conferred by Section 2 (g) of Sikkim Agricultural Land Ceiling

and Reforms Act 1977, (Act 14 of 1978). the State Government, hereby authorizes the District

Collectors to perform the functions of the Competent Authority under the aforesaid Act and the

Rules framed thereunder within their respective jurisdiction.

488

LAND REVENUE DEPARTMENT

Notification No. 5/L.R.

Dated Gangtok, the 22nd June, 1978.

In exercise of the powers conferred by Section 5 (I) of the Sikkim Agricultural land

Ceiling and Land. Reforms Act, 197.7. (Act 14 of 1978), the State Government hereby notifies

that with effect from the 22nd day of June 1978, no person shall be entitled to hold any

agricultural land in excess of the ceiling limit as laid down in Section 6 of the Sikkim Agricultural

Land Ceiling and Reforms Act, 1977 (Act 14 of 1978) as amended by the Sikkim Agricultural

Land Ceiling and Reforms, (Amendment) Ordinance, 1978, (Ordinance No.3 of 1978), in the

whole of the State of Sikkim and all lands in excess of the ceiling limit shall vest in the 'State in

accordance with and under the provisions of the aforesaid Act and the rules made thereunder.

THE SIKKIM AGRICULTURAL LAND CEILING AND REFORMS RULES 1978.

(Under Chapters I and II)

Chapter-I

Preliminary

I. Section 36. (a) These rules may be called the Sikkim Agricultural Land Ceiling and

Reforms Rules, 1978.

They shall come into force at once. (b)

2. In these rules unless there is anything repugnant in the subject or context:

(i) "Act" means the Sikkim Agricultural Land Ceiling and Reforms Act, 1977

(Act 14 of 1978).

(ii) "Excess land" means the land held by a person in excess of the ceiling

limit.

(iii) "Form" means a form appended to these rules.

(iv) "Section" means a section of the Act;

(v) "State" means the state of Sikkim.

3. Section 36 (l) All proceedings under the Act shall be held before the Competent Authority

within whose jurisdiction a person holds the largest part of his holding except where directed to

the contrary in any particular case by the State Government.

489

CHAPTER-II

Ceiling on Agricultural Land

"

4. Section 5.The general notification under Section 5 of the Act for information of all

concerned stating that with effect from the date of the notification no person shall be entitled to

hold any agricultural land in excess of of the ceiling limit in the State of Sikkim or part thereof

shall be published in the Official Gazette in L.C. Form I.

5. Section 4 and 5. (I) Where any question arises as to whether any person is a Bustiwalla or

an Adhiadar /or a Kutiadar. it shall be decided by the Competent Authority on the basis of the

records as well as from the evidence produced by the person claiming himself to be a

Bustiwalla or an Adhiadar or a Kutiadar or where no such evidence is produced, on the basis

of an enquiry as may be deemed proper by the Competent Authority.

(2) A copy of the orders passed by the Competent Authority shall

immediately be forwarded to the Secretary to the Government in the Land Revenue

Department.

6. Section 36 (I). (1) The classification of land into circles and classes made in

notification No 815/ L.R. dated the 7th June 1957 shall be operative in the area referred to

therein unless revised in the course of Settlement Operations.

(2) Where no survey and settlement operation had taken place the

classification of land into circles and classes determined in the current. survey and settlement

operations will be accepted.

(3) Cardamom field will be treated at par with paddy field. But its

further classification into classes in every circle will depend upon its elevation from Sea Level.

If any land on which Cardamom is grown has not been classified, its classification may be

determined with reference to its height as applied in cases of paddy and dry fields. If its height

is also not given, it may be determined with reference to the height of the adjoining plots given

in the Khasra.

7. Section 36 (d). The general notice to be published in pursuance of sub-section (1) of Section

8 and the statement to be submitted thereunder by every person bolding land in excess of

ceiling limit, applicable to him in the State, shall be in L.C. forms II and In respectively. The

statement mentioned above shall be filed within a period of 30 days from the date of the

publication of the general notice

8. Section 8 (I) Where a person does not file the statement as required under

Rule 7 in L. C. Form III within thirty days of the publication of the general notice in L.C. Form II

or where the Competent Authority is of opinion that any person holds on the notified date

agricultural land in excess of the ceiling limit, be may serve a notice upon such person in L.C.

Form IV to file the statement within twenty one days of the service of the notice.

490

(2) As soon as may be, after the expiry of twenty one days from the date of

the service of the notice in L.C. Form IV, the Competent Authority shall cause to be prepared

and served upon every person, who has failed to submit the statement in L.C. Form in or has

submitted incorrect or an incomplete statement, a notice in L.C. Form V together with a copy of

the statement and its Annexure A to B calling upon him to show cause within a period of fifteen

days from the date of the notice why the aforesaid statement be not taken as correct.

The notices under Rule 8 in L.C. Forms IV and V may be served either:

(a) by delivering it to the person on whom it is to be served, or

(b) by affixing it at a conspicuous part of the usual or last known

place of abode of that person, or

9.

(c) by sending it by registered post, addressed to that person at his usual

last known place of abode, and

(d) in case of an incorporated company, monastery or other religious

institution or society, by sending it by registered post, addressed to the Secretary or principal

functionary of the company, monastery, other religious institution or society or by delivering it at

its principal office, or affixing it at a conspicuous part of its principal office.

10. (1) In the case of tea garden and land held for industrial purpose

mentioned in sub-section (4) of Section 6, the Competent Authority shall fix their ceiling limit as

may be notified by the State Government.

(2) Where homestead is part of one's holding, it will remain so even after

imposition of ceiling on agricultural land.

11. Section 9 (1) The Competent Authority shall cause to be prepared a draft statement on the

basis of the statement filed by a person under Section 8 or on the basis of the statement

prepared under Section 9 (1) in respect of each person in L.C. Form VII which shall be served

on him in the manner prescribed under rule 9 together with a notice in L.C. Form VI.

(2) Where a person has opted to declare his share or part thereof in one or

more of his holdings, hold jointly by him along with others, as excess land or where the

Competent Authority proposes to declare any such share or part thereof as surplus land in part

D of L. C. Form III, the Competent Authority shall, except where the person is in separate

possession of his share in such holding, proceed to demarcate the same before proposing the

surplus land of the person in the draft statement, if necessary, after giving an opportunity to the

co-sharers of being heard with due regard to the following principles:

(a) The valuation of the portion allotted to the person shall be proportionate

to his share in the holding,

12. (1) in L.C. Form

VIII.

491

(b) The portion allotted to the person shall as far as may be compact; and .

(c) the person shall, as far as may be possible, be given proportionately

inferior and superior classes of land.

12 (1) Objection filed under Section 9 shall be entered in case register

in LC Form VIII

(2) The objection shall be decided by the Competent Authority after giving

the objector a reasonable opportunity of being heard.

(3) The order of the Competent Authority shall be a speaking order.

(4) The Competent Authority shall forward a copy of his order to the

Secretary to Government in the Land Revenue Department.

13. Sections 10 and 26. (1) After disposal of the objection filed, if any, under Section 9 (4) or

after disposal of any appeal under Section 13 or Section 14, the Competent Authority shall,

after making necessary alterations in the draft statement as a result of orders passed on the

objection or in appeal or on demarcation of share in joint holding in the manner indicated in

Rule 11, prepare a final statement as in L.C. Form IX showing the land held by the person

concerned in excess of the ceiling limit and also the land which such person shall be allowed

to retain within the ceiling limit. Columns 38 and 39 shall be filled in when the Revenue Officer

has fixed land revenue on the land to be retained by the person.

(2) A copy of final statement in L.C. Form IX shall be sent to the Revenue

Officer for fixing Land Revenue on the land to be retained by the person as per revenue rates

applicable to each plot in the manner indicated in rule 29.

(3) On receipt of the final draft statement in L.C. Form IX after fixation of

Land Revenue on the land to be retained by a person, the Competent Authority shall get a

copy thereof served on the person in the manner indicated under Rule 9. .

14. Section 10. While preparing the final draft statement in L.C. Form IX, the Competent

Authority shall keep the following in view:

(i) that the choice indicated by the person to the plot or plots to be retained

by him or other members of his family, as far as possible, shall be given due regard;

(ii) that the land which is retained by the person and that which

is declared excess should, as far as practicable, be compact;

(iii) that the land which is under cultivation of Adhiadar/Kutiadar or which is

under dispute should, as far as possible, remain with the person and not declared excess, and

492

(iv) where the wife of a person holds any land' which is aggregated with

the land held by him for purposes of determination of ceiling limit and his wife has not

consented to the plot or plots to be retained as part of the ceiling limit applicable to them, then

the Competent Authority, shall, as far as possible, declare. the excess land in such manner that

the area taken out of the land held by the person's wife bears 'to the total excess area in the

same proportion as the area originally held by her bears to the total land held by the family; and

(v) where a person holds land in excess of the ceiling limit including any

land with encumbrances (mortgages etc.), the excess land to be determined as such shall, as

far as possible, be the one free from encumbrances.

15. Section 11.. As soon as may be after the service of the final statement under Section 10 on

the person concerned, the Competent Authority shall notify in the Official Gazette all, lands

determined in excess of the ceiling limit under Section 10 as in L. C. Form XI. .

16. Sub-section 5 of Section II. The amount of damages for use and occupation of land referred

to in sub-section 5 of Section, 11 shall be determined in accordance with the following principle;

Damages shall be determined at 25 times the revenue payable for the land

for every agricultural year or any part thereof.

Provided, however, the damages shall not exceed the amount payable

under Section 12 of the Act.

17. Sub-section 1 of Section 36. (i) The Competent Authority shall, for the purpose of correction

of land records, also send information in respect of the land. included in the ceiling limit

applicable to' a person to the Collector of the District where the land is situated, along with a

copy of final draft statement in L.C. Form IX:

(ii) The District Collector shall also maintain a register of all excess land as

in L.C. Form X in the District.

18. Section 36 (I) (1) Where a person dies before the notification of the general notice under

Section 8 (I), such notification shall be deemed to apply to his executor, administrator or other

legal representatives and the Competent Authority may, proceed to determine the ceiling limit

applicable to the deceased as if such executor or administrator or other legal representatives

was the person himself.

(2) Where a person dies before he is served with a draft statement under

Section 9, the Competent. Authority may serve such statement on ,his executor, administrator

or other legal representatives.

493

19. Section 36(2) (g). (1) As soon as any

vested under sub-section (l) of Section 11

to determine the amount payable to the

Form XII.

excess land vests or is deemed to have been

the Competent Authority shall proceed person or

persons holding such land in :L.C.

(2) The Competent Authority shall thereafter send a notice to the person or

persons in L.C. Form XIII calling upon him/them to file objection, if any, on the amount so

determined within a period of fifteen days from the date of service of notice.

(3) The Competent Authority shall decide the objections filed, if any, and

cause to be prepared a register as in L.C. Form XIV and maintain accounts of payments made

to the persons.

(4) A copy of the orders passed on the objections shall be sent to the

Secretary to Government in the Land Revenue Department.

(5) Whenever the person concerned comes to receive the first installment

or any subsequent installment payable to him, he shall produce every time the notice in L.C.

Form XIII before the Competent Authority who shall record a note regarding payment of the

installment due under his dated signature in the remarks column.

(6) The Competent Authority may on being satisfied that original L.C Form

XIII has been lost or destroyed, issue a duplicate copy thereof in favour of any person on an

application, supported by an affidavit, filed by that person for the purpose.

(7) Where the person entitled to the amount payable dies before . the amount is paid to him, the Competent Authority shall proceed to determine. the legal representatives of the deceased for making payment of the amount.

(8) Whenever the legal representative concerned comes to receive the

first installment or any subsequent installment, he shall produce every' time the notice in L.C.

Form XIII before the Competent Authority.

20. Section 12 (3). On receipt of an application from a monastery or other religious institution

in L.C. Form XV to the effect that as a result. of vesting of excess land it has become difficult

for such monastery or religious institution to carry on proper management and administration,

the Competent Authority shall, after such enquiry as he deems proper, determine ,the amount

of annuity payable to such monastery or religious institution in L.C. Form XVI taking into

consideration the following:

(a) the total average annual income of such monastery or religious in-

stitution for the preceeding three agricultural years of the date of filing of the application and

(b) the division of the average income into two parts viz. that utilized purely

for religious or charitable purposes and for other purposes.

494

21. Sub-Section 3 of Section 12. (1) After the amount of annuity payable bas been determined

the Competent Authority shall send a notice in L.C. Form XVII to the head or the principal

functionary of the monastery or religious institution calling upon him to file objection. if any. on

the amount determined as annuity within a period of fifteen days of the service of the notice.

(2) The Competent Authority shall decide the objection filed, if any, and

prepare an annuity roll as in L.C. Form XVIII (parts I and II). Part I will be given to the head of the

monastery or religious institution. In part II the Competent Authority shall maintain accounts of

payment of annuity in a register form.

(3) A copy of the order passed on the objection shall be sent to the

Secretary to Government in the Land Revenue Department.

(4) When the head or the principal functionary or any other person duly

authorised on his behalf attends the office of the Competent Authority to receive payment, he

shall bring with him part I of the Annuity Roll for necessary entries to be made under the

signature of the Competent Authority.

(5) The Competent Authority may. on being satisfied that original Annuity

Roll in L.C. Form XVIII part I has been lost, destroyed or rendered unfit for use. issue duplicate

copy thereof, on an application supported by an affidavit filed for the purpose.

22. Section 16. (I) If on or after the commencement of the Act or on or after the notified date or

on or after the date of vesting under Section 11, any person acquires by transfer. inheritance or

otherwise any agricultural land the extent of which together with the extent of the agricultural

land held by him exceeds in aggregate the ceiling limit, then he shall within three months of the

date of such acquisition, file an application as in L. C. Form XIX along with annexures of L. C.

Form III duly filled in.

(2) The person shall first give details of the land held by him in the

annexure A of L. C. Form III and then below it, give the particulars of land subsequently

acquired by transfer or inheritance or otherwise.

(3) Where the application in sub-rule (1) is filed, the Competent Authority

shall proceed to determine the surplus land according to the provisions of Sections 8 to I5 of

the Act.

(4) The provision of the Act in respect of declaration, acquisition, disposal

and settlement of surplus land shall, as far as may be, also apply to surplus land covered by

Section 16.

495

23. (1) On receiving copies of orders passed under Sections 4 or 9 (4) or 12 the Secretary to

Government in the Land Revenue Department shall get them scrutinized and arrange filing of

appeal thereto under Section 13 before the Tribunal within 30 days of the orders passed if, in

his opinion, the interest of the State Government has suffered in any way.

(2) The Secretary to Government in the Land Revenue Department shall get copies of

orders passed in appeal under Section 13 and take action for filing a second appeal under

Section 14 before the State Land Tribunal within sixty days of the order passed by the

Tribunal, if, in his opinion, the interest of the State Government has suffered in any way.

(3) If due to unavoidable circumstances, the appeals as referred to in sub-rules (1) and

(2) above could not be filed within time, the memorandum of appeal shall be accompanied by

an application for condonation of delay duly supported by an affidavit explaining the delay.

L. C. Form I

LAND REVENUE DEPARTMENT

Notification No ..................... /L. R.

Dated Gangtok, the... ...............................1978.

In exercise of the powers conferred by Section 5 (1) of the Sikkim

Agricultural Land Ceiling and Reforms Act, 1977 (Act 14 of 1978), the State Government

hereby notifies that with effect from the 22nd day of June 1978, no person shall be entitled to

hold any agricultural land in excess of the ceiling limit as laid down in Section 6 of the Sikkim

Agricultural Land Ceiling and Reforms Act, 1977 (Act 14 of 1978) as amended by the Sikkim

Agricultural Land Ceiling and Reforms, (Amendment) Ordinance, 1978 (Ordinance No.3 of

1978), in the whole of the State of Sikkim and all lands in excess of the ceiling limit shall vest

in the State in accordance with and under the provisions of the aforesaid Act and the rules

made thereunder.

BY ORDER

Secretary,

Land Revenue Department.

496

L. C. Form II

(See Rule-6)

General notice under sub-section 1 of Section 8 of the Sikkim Agricultural

Land Ceiling and Reforms Act) 977

In pursuance of the provisions of Section 8 of the Sikkim Agricultural Land

Ceiling and Reforms Act 1977 (Act 14 of 1978), I

......... ...........the Competent Authority of District ........................................... ..............................

do hereby call upon every person holding land in excess of the ceiling area applicable to him on the 22nd June, 1978, to deliver to the undersigned within thirty days of the date of

publication of this notice, a statement in respect of all his holdings within the State of Sikkim in

L. C. Form III together with Annexures A to E thereof duly signed and verified in the manner

indicated in the said form.

2. The ceiling area applicable to a person is to be calculated in accordance

with the provisions of Section 6 of the Sikkim Agricultural Land Ceiling and Reforms Act, 1977

(Act 14 of 1978).

3. Annexure A to L. C. Form III contains instructions for its preparation. If

any further information is desired it can be obtained from the office

of the undersigned. Competent Authority

District .................................. ......

Date. .. .. . .. . ... ... .. . .. . .. . . .. ...

... ... . L. C. Form III

(Rule-8 ) To

The Competent Authority,

District.

In pursuance of the notice under Section 8 (I) of the Sikkim Agricultural

Land Ceiling and Reforms Act, 1977, I submit the required statement in respect of all

agricultural lands held by me on the 22nd day of June, 1978, the notified date as under:

(1) Total area in standard acres of agricultural land held in the state by me

personally and in the names of the members of my family as well as my share of land held by a

Co-operative Society or private trust of which I am a beneficiary, as detailed in Annexure A.

(2) Total area in standard acres of land cultivated by me in the

capacity of an Adhiadar/Kutiadar as detailed in Annexure B.

(3) Total area in standard acres and plot numbers of land for which

exemption is claimed, as detailed in .Annexure C.

(4) Details of land on which ceiling is to be imposed as in Annexure D.

(5) Area in standard acres and plot numbers of land wbich are

proposed to be retained within ceiling limit as applicable, as detailed in Annexure E.

(6) The particulars in respect of my wife/husband/minor sons and

unmarried daughters of my family are as below.

497

NAME 1

AGE SEX RELATION SHIP

2 3 4

Married, unmarried or judicially separated

REMARKS:

5 6

(a) (b) (c) etc.

(7) The particulars in respect of land owned or cultivated by my adult sons are as

below:

NAME 1

AGE Details of land owned or cultivated

District Block Khatian No. Plot No. Area of plot Circle

2 3 4 5 6 7 8

Class Area in terms of Whether owner or Name of the owner of the Remarks

standard acres cultivator plot whose land is cultivated.

9 10 11 12 13

I solemnly affirm and verify that to the best of my knowledge the information given by

me in the form and Annexures hereto attached is correct and complete. I also certify that the

consent of my wife (in case she holds any land) has been taken

in....... ...respect of the land to be retained within the ceiling limit applicable.

... ... ... ... ... ... ... ... .

(I) Full signature of the person

Address......... ... ..............................................

Date... ... ... ... ... ... ... ... ... ...

(2) Signature of wife in token of her consent

where the land held by her has been aggre-

gated for the purpose of determining ceiling

limit.

498

ANNEXURE A TO L.C. FORM III

Details of agricultural land held by Sri/Smt ........................................ on....................s/o wife of

Sri .............. ....................................Resident of ........... ...................... Block............. ...............

District....................................... and the members of his family as well as his share of land held

in a Co-operative Society or private trust.

Particulars of the person and members of his family

SI. Name of the person Name of Name Khatian Share in the hol-

Share of the

Share of

No.

or name of the mem-

the Dist. of the Number ding if joint alo-

person along

the adult

bers of his family or Block ngwith names of

with shares sons

the name of the Co- co-sharers. of his minor operative Society or sons private trust.

1 2 3 4 5 6 7 8

Details of land held

Plot No: Area Circle Class Area in terms of standard acres.

Land Revenue payable

9 10 11 12 13 14

Details of land cultivated in the capacity of an adhiadar/kutiadar

Name of adhiadar/ Plot No. Area Circle Class Area cultivated in Remarks:

Kutiadar with standard acres. address

15 16 17 18 19 20 21

Note:

(I) All land held in his own right by the person will first be shown. The total of the land held' by

the person taking into consideration his share in joint holding and deducting there from the

shares of the adult son/sons will be struck. Below it will follow the names of the wife or

husband. the minor sons and the unmarried daughters and the land held by each of them.

Total land held by the members of the family will then be struck. At the end the grand total of

both kinds of land will be given. Columns 15 to 20 will give details of land being cultivated by

Adhiadar/Kutiadar separately. (2) The remarks column will give the details of the following:

499

(a) How the shares in the joint holding or shares of adult sons have been worked out?

(b) Details of homestead or other constructions against the plot in which they are situated.

(c) The reasons why any land if owned by the persons has not been recorded in the land

records.

(d) The reasons why any land recorded in his name in land records has gone into possession

of another person.

(e) Details of plots mortgaged as security against various loans taken from Scheduled Bank,

Co-operative Society or any other Govt. agency.

(f) Disputes, if any, pending determination in a court of law.

(g) Names of persons, if any, who are in possession over land.

ANNEXURE B TO L.C. FORM III

Details of land cultivated by Sri/Smt ........................................................................ s/o wife of

Sri................................................. Resident of.............................. Block................. District and

the members of his family in the capacity of an Adhiadar/Kutiadar

SI. Name of the

Name of Name Name Khatian

Plot Area Cir- Class Area in

No. person whose

Adh iadar

of the of the No. No. cle stan-

land is cul- Kutiadar District

' Block dard

tivated acres

1 2 3 4 5 6 7 8 9 10 11

ANNEXURE C TO L.C. FORM III

Details of land in respect of which exemption is claimed by Sri/Smt.. ... ... ... s/o/ wife

of Shri... .............................. ... ... resident of............................ District ... ... ... ... ... ... .., Sl. Name of Name of Nature of Plot Area Cir- Class Area Justifica- Re

marks

No.

the District

the Block exemption No. cle stan- tion for

claimed dard exemption

acres I 2

3 4

5 6 7 8 9 10 II

ANNEXURE D TO L.C. FORM III

Details of land on which Ceiling is to be imposed. -

Name Numbber

Total area in Total land in Total of

Area for

Total land

Ceiling excess

of the of mem-

standard acres

standard acres

colum-

which on which limit app-

land in

person

bers in

held by the per-

held in the ns 3 & 4

exemp-

ceiling is licable in stan-

his son and mem-

capacity of an

tion, if to be terms of dard

family

bers of his Adhiadar/Ku- any imposed standard acres

family as given

tiadar as given

claimed

acres

in Annexure A

in Annexure B.

-

I 2 3 4 5 6 7 8 9

500

DETAILS OF EXCESS LAND

Block Plot No. Area Circle Class Area in Standard acres I Remarks

10 11 12 13 14 15 16

ANNEXURE E (L. C. FORM Ill)

Details of land proposed to be retained by the person Shri/Smt.. ...........................

s/o w /o... ................ ............................r/o ......................................................District ............... ...

as part of his/her ceiling limit.

SI. No

1

.

District Block Plot Area Circle Class of Area in stan- Remarks No. land dard acres

4 5 6 7 8 2 3

Signature of the person holding land.

Signature of wife of the person in token of her consent in case where land held

by wife has been aggregated for purpose of imposing ceiling limit. L. C. Form-IV ( Rule 8 (1) )

Notice

To

Name............................. .. .......................................................

Address............................ .................................... ...............

Whereas you have failed to submit the statement in L. C. Form III as required under rule 7

of the Sikkim Agricultural Land Ceiling and Reforms Rules, 1978. within 30 days of the

publication of the general notice in L. C. Form III in the opinion of the undersigned you held on

the notified date agricultural land in excess of the ceiling limit, you are hereby called upon to file

a statement in L. C. Form III along with its annexures A to E within twenty one days of the

service of the notice.

Given under my hand and seal of the court this day of .......................... .............. .........

..19

Signature or the Competent Authority.

District ................... .. ............. . ...............

501

L. C. Form V

Notice U/S. 8 (2)

( Rule 8 ) To

Name.. .. .. . .. ... ... ... ......... . .. ... ... .. .. ... ... ... ... ...

Address .............................................................. ......

Whereas you have failed to submit a statement/have furnished incomplete incorrect

statement in respect of your holdings in the State of Sikkim including holding of the members

of your family within the time mentioned in the notice in L. C. Form II under Section 8 (1) of the

Sikkim Agricultural Land Ceiling and Reforms Act, 1977 (Act 14 of 1978);

And whereas the statement of all holdings held by you in the State on the 22nd June of

1978, the notified date, has been prepared and are sent in Annexures A to E of L. C. Form III.

you are hereby called upon to show cause within a period of fifteen days from the date of the

service of the notice, why the said statement be not taken as correct.

On your failure to dispute the correctness of the statement, it shall be treated

as final and will form the basis of preparing the draft statement under Section 9.

Given under my hand and seal of the Court this day of...............................

19... .................... ............... Signature of the Competent Authority.

District .....................................................

L. C. Form-VI

( Rule 11 )

Whereas a draft statement (enclosed in L. C. Form VII) has been prepared as required

under Section 9 (1) of the Sikkim Agricultural Land Ceiling and Reforms Act 1977 on the basis

of the statement filed - by . you under Section 8 (1) or on your failure to file such statement on

the basis of the statement prepared and served on you with a notice in L. C. Form V, you are

hereby called upon to file objection, if you have any, within a period of fifteen days from the

date of the service of this notice.

On your failure to dispute the correctness of the aforesaid draft statement in L. C. Form

VII (enclosed), it will be treated as final.

Given under my hand and seal of the court this day of .................. ...............

........................................ ...

........................................ ..19 Competent Authority.

District ..........................

502

L. C. Form VII

Draft Statement (Section 9 Rule 11)

SI.

No. Particulars of the person and members of his family

Name of the person, Name Name Kha- Share in the Share of the Names

name of the members of of the of the tian holding if person of the

his family with age... sex Dis- Block No. joint along along with adult

and relationship or na- trict with names shares of sons and

me of Co-operative So- of his minor their

ciety or private trust in co-sharers. sons shares.

which he has a share.

1 2 3 4 5 6 I 7 8

Details of land held as owner. Details of land held in the capacity of

Adhiadar/Kutiadar

Plot Area Circle Class Area in Name of Plot Area Circle Class Area in

No. terms the owner No. terms of

of stan- of the standard

dard land

acres.

9 IO 11 I 12 13 14 15

16 17 18 19

Area for which exemption allowed

Plot Area Circle Class Area in terms Area on which ceiling Ceiling area appli-

No. of standard acres is to be imposed (Col. cable in standard

20 21

22

23 24

25

26

28

Details of excess land

Circle Class Area in Standard acres.

29 30

31

Plot No.

27

Area

Details of area to be retained by the person

Plot No. Area Circle Class Remarks

32 33 34 35 36

503

L. C. FORM VIII

(See Rule 12)

Case Register.

/

S1. Date of Name of Block. Nature of The order Date of Signature Number Re-

No. filing ob- the person objection passed in consign- of the offi-- of pa- marks jection. with pa- filed. brief with ment. cial of the pers in -rentage date. Record the file. and resi- room.

dence.

-

1 2 3 4 5 6 7 8 9 10

L. C. FORM IX

FINAL DRAFT STATEMENT (SECTION 10, RULE 13)

Particulars of person & members of his family

SI. Names of the per- Name Name His share in holding Shares of the No sons, the names of of the of the if it is joint along person along the members of his District Block with names of co- with the shares family. the name of shares of his minor Cooperative Society or private trust in which he holds any shares. I 2 3 4 5 6

DETAILS OF LAND HELD AS OWNER. DETAILS OF LAND HELD IN THE CAPACITY

OF AN ADHIADAR/KUTIADAR

Plot Area Circle Class Area in Name of' Plot Area Circle Class Area in stan-

No. terms of the land No. dard acres. Standard owner

acres.

-

8 9 10 1l 12 13 14 15 16 17 18

504 DETAILS OF LAND ON WHICH EXEMPTION ALLOWED Plot No. I Area I Circle I Class I Area in stan- Area on which ceiling is to be Ceiling dard acres . imposed in standard acres limit in (Col (l2+18)-CoI.23) stand ard acres. 19 20 21 22 23 24 25

AREA WHICH IS IN EXCESS OF CEILING LIMIT

Plot No. Area Circle I Class Area in standard acres

Revenue Rate Revenue:

payable

26 27 28 29 30 31 32

AREA WHICH IS TO BE RETAINED BY THE PERSON

Plot No. I Area Area in standard Revenue Rate I Revenue I Remarks

I Circle I Class I acres payable

33 34 35 36 37 38 40

L. C. FORM X (See Rule 17)

Register of Excess Land

SI. District Block Name of Plot Area Class of Type of Trees, bldg, Signa- Remarks: No. the person No. land land or any other ture of parentage improvement Collec- and on the land tor address 1 2 3 4 5 6 7 8 9 10 11

Note:- In the remarks column entry should be made when any land is settled with any person or it is earmarked for any pubic purpose.

505

L. C. Form XI

(See rule 15)

Notification No ................................ ...

Dated.......................................... ............

In pursuance of the provisions of sub-section (1) of Section 11 of the Sikkim Agricultural

Land Ceiling and Reforms Act, 1977, (Act 14 of 1978) I................................. Competent

Authority notify the excess land of the person determined. under Section 10 of the aforesaid

Act as in the Schedule given below or annexed.

Signature of Competent Authority.

District ............................. ... ...

SCHEDULE

(Details of land)

Sl. No 1.

Name of the person District

2 3

Block Plot Area Remarks:

4 5 7 6

L. C. Form XII

(See Rule 19)

Assessment Roll

Sl. District, Name of I Excess land as shown No. Block person in col. 30 of L. C. Form IX in standard acres 1 2 I 3 I 4

Government

dues if any

payable

8

Net amount

payable (Col.

7-8)

9

Amount payable in

respect of land in

col. 4

7

Amount of land reve-

nue payable on excess

land as given in col 32

of L. C. Form IX

5

Multiple appli-

cable for asses-

sing the amount

payable

6 -

Number and amo- Signature of the

unt of each instalment Competent

payable

Authority

10 II

506

L. C. Form XIII

(See Rule 19)

Whereas the net amount payable to you under Section 12 of the Sikkim Agricultural Land

Ceiling and Reforms Act, 1977 has been determined as per details given below, notice is

hereby given to you to appear personally or through an agent duly authorised to file objection, if

any, within a period of 15 days from the date of the service of the notice.

On your failure to dispute the correctness of the amount within the time allowed, the

amount determined will be treated as final.

Details of amount payable

Excess land

in real ac

res/ stan

dard acres

Amount of

land revenue

payable for

excess land.

Amount payable in

respect of land shown

in Col 1 (Amount as

shown in Col 9 of

L. C. Form XII)

3

Number of

I Amount of

instalments. instalments.

Remarks.

I 2 4 5 6

Given under my hand and seal of the court this day of................................

............. .. .. ... ... .. .. ................. ... ... ... .. . ..... 19

Signature of Competent Authority

District ............................................ ...

L. C. Form XIV

(Rule 19)

"

Register of persons and the amount payable to them under Section 12.

S. IDist.1 Block.

No.

Name, par-

entage and

address of

the person

entitled to

amount.

Final amo-

unt as de-

termined in

L. C. Form

XII.

Date

of

deter-

mina-

tion.

Num-

ber of

instal-

ments.

Date on Amount of

which ins- instalment

talments as shown in

fall due. Col IO of

L. C. Form

XII

Interes

if any

paya

ble.

1 2 3 4 5 6 7 8 9 10

507 TOT AL AMOUNT DUE Date and num- Signature, Date of Rema rks FOR PAYMENT ber of cheque . of Compe- cashment Number of ins- Amount issued towards tent Autho- talment (Installment payment rity plus interest) 11 12 13 14 15 16

L. C. Form XV

Application for annuity

(Rule-20)

To

The Competent Authority,

District.... ...

I.............. son of..

... ........................................................ resident of ............................................................. ..

in my capacity as Manager-Trustee

hereby submit this claim for award of annuity in lieu of excess land which has vested

in the State Government vide Government Notification No .............................. ...dated

................................................ below and the income from which was religious or charitable purposes.

utilized for

2. I, herewith, furnish accounts for the preceeding three agricultural years showing

the total income accruing from the above monastery/institution from the excess land and

income from the portion of the excess land utilized for religious or charitable purposes.

Signature of claimant,

Manager/Trustee

(SCHEDULE)

(Details of surplus land)

1ST BLOCK PLOT NO AREA CLASS TYPE REMARKS

.508

L C. FO RM XVI

(See Rule 20)

Assessment of annuity

Dist. Block Name of the Excess land Average of Average amount spent Amount that was Proposed Signature

Monas as shown in 3 years if any from the income spent on purely amount of the tery / Insti in Col 30 of income on other purposes religious purposes payable Competent tution LC Form IX during the last 3 years during last 3 years as Authority annuity

I 2 3 4 5 6 7 8 9

L. C. Form XVII

(SEE RULE 21) To

The Manager/Trustee.

" .....................

... . .. ... ... ........ ".' . . .. .. ... .. . .. . .. - . .. .. .....

Whereas the net amount payable to you as annuity under Section 12 (3) of the

Sikkim Agricultural Land Ceiling and Reforms Act, 1977 (Act 14 of 1978) has .been.

determined as per details given below, notice is hereby given to you to appear personally or

through an agent duly authorised. to file objection, if any, within a period of fifteen days from

the date of the service of the notice.

On your failure to dispute the correctness' of the same within the time

allowed, the amount determined will be treated as final.

Details of amount payable.

Excess-land in I

Average of

I

Average amount

I

AVerage amount l

Annuity pro-I Remarks, standard acres. three years in- spent on religious spent on other posed. come. or charitable purpose. purposes.

2 3 4 5 6

Given under my hand and seal of the Court on the day of

19

Signature of the Competent Authority

509

L.C. FORM XVIII

(See Rule 21 )

Annuity Roll - part I

Book No.................. ... ... SI. No... ...................... Dist................................. Block..................

Name of the monas-tery/religious

institution

1

Name of the Manager or

Trustee

Amount of annuity

First payment due on

Remarks

2 3 4 5

No. of Roll

Prepared by

Checked by

Date

Signature of Competent Authority.

District.......... ............. .............. ........

RECORD OF PAYMENT

Period for which Date Amount Net amount Signature of the Remarks

payment to be made payable paid Competent Authority

I 2 3 4 5 6

L.C. 'FORM XVIII

(See Rule 21 )

Annuity Roll - Part II

Book; No ..................... ... Serial No. of book, .................... .......District ...........

Specimen Signature of Manager/Trustee of the Monastery/Religious Institution.............

Name of the Name of Mark of Amount Annuity peri. Amount Signature Signature of Monastery / the Mana- Indentifi- of od for which paid with of Mana- the Compe- Religious ger or cation annuity annuity cheque ger or tent Autho- Institution Trustee is due No and Trustee city its date 1 2 3 4 5 6 7 8 No. of Roll ...................

510

L. C. FORM XIX

( Rule 22 )

To

The Competent Authority.

.....................

..................... District.

I have acquired the following land by transfer/inheritance or otherwise after the notified

date Section 5 (1) or after the date of vesting under Section 11 which together with the extent of

the agricultural land held by me exceeds in aggregate the Ceiling Limit. I am enclosing a

statement in L. C. Form No. III also for determining the ceiling limit as well as for the excess

land which would vest is the State.

PARTICULARS OF LAND

Name of per- District Block Plot Area Class Type Area in real Remarks

son from whom No. acres/Standard

land has been acres.

purchased/

inherited

1 2 3 4 5 6 7 I 8 9

I solemnly affirm and verify that to the best of my knowledge the information given by me

in the form and annexure hereto attached is correct and complete.

Signature of the applicant

slo

Address .............................................

Date.. ............................................................

511

LAND REVENUE DEPARTMENT

GOVERNMENT OF SIKKIM

Notification No. 22/L.R.

Dated the 27th January 1979.

The Sikkim Agricultural Land Ceiling and Reforms (Amendment) Rules, 1979.

In exercise of the powers conferred by Section 36 of the Sikkim Agricultural Land Ceiling

and Reforms Act, 1977 (Act 14 of 1978) the State Government hereby makes the

following rules under Chapters IV, V and VI of the said Act to amend the Sikkim

Agricultural Land Ceiling and Reforms Rules, 1978, namely:

1. (2) These rules may be called the Sikkim Agricultural Land Ceiling and Reforms

Amendment Rules, 1979.

(2) They shall come into force at once.

2. In the Sikkim Agricultural Land Ceiling and Reforms Rules, 1978 after rule 23, the

following shall be added, namely:

4. Section 23. (A) The District Collector shall settle excess land with a person who

is a citizen of India in the following order of preference:

(1) An Adhiadar/Kutiadar who is in cultivatory possession of the excess land and who

does not possess more than three standard acres of land either as owner or in the

capacity of an Adhiadar/Kutiadar or both:

Explanation:-The entitlement of an Adhiadar / Kutiadar to allotment of surplus land under

this Rule shall be limited to the area under his cultivatory possession on the date of

vesting and shall not extend to any other area even if the total area held by him

(including the area held in the capacity of an owner) is less than three standard acres.

(2) A landless agricultural labour residing in the Block and belonging to a Scheduled

Tribe/Scheduled Caste;

(3) A landless person residing in the Block who belongs to a Scheduled Tribe/ Scheduled

Caste and intends to bring the land under cultivation;

512

(4) A person residing in the Block who possesses as owner or cultivates as Adhia-

dar/Kutiadar less than three standard acres of land and belongs to a Scheduled

Tribe/Scheduled Caste;

(5) any other landless agricultural labour residing in the Block;

(6) A landless heir of a person who was resident of the Block and who has lost his life in

enemy action while in active service of the Armed Forces of the 'Union;

(7) A landless person residing in the Block who has become disabled in enemy action

while in active service of the Armed Forces of the Union;

(8) A landless person residing in the Block who is retired, released or discharged from,

service in the Armed Forces of the Union;

(9) Any other agricultural labour belonging to Scheduled Tribes Scheduled Caste - and

residing in the adjoining Block;

(10) Any other landless person residing in the adjoining Block;

(11) Any other landless person residing within the District, and

(12) Any other landless person of other Districts in the State.

- - Provided that where an Adhiadar/Kutiadar is not an Indian Citizen, he will not become on

and from the date of vesting a Bustiwalla on the excess land to be retained by him but will

continue in the capacity of an Adhiadar /Kutiadar as lessee on Government land.

Provided further that excess land of a person belonging to a Scheduled Tribes

,Scheduled Castes except where it is in possession of an Adhiadar/Kutiadar, shall be

settled with landless, persons belonging to the Scheduled Tribe/Scheduled Caste

residing in the Block or the adjoining Blocks or other Blocks of the Districts. Where no

such person' is available the land shall be settled with other persons in the order of

preference given above.

Provided further that preference shall .be given to those among the eligible persons in

each category who form themselves into a Co-operative Farming Society.

Provided further that where more. than one person is available in a certain category and

the land is not sufficient for allotment to all, the District Collector shall decide the

allotment by lot.

Explanation I. The term "Landless" means a person who or whose spouse (other than

judicially separated wife or husband) or minor sons or unmarried daughters held no land

as Bustiwalla or cultivated no land as Adhiadar/Kutiadar immediately preceeding the 1st

January, 1975.

513

Explanation 2 'Agricultural labour' means a person whose main

source of livelihood is agricultural labour.

(B) The area of the land to be settled with a person shall be subject to the following

minimum and maximum limit namely:

(i) minimum one third of an acre (0. 1349 hectare) and

(ii) maximum such area as together with land already held or cultivated by a person does

not exceed three standard acres.

Provided that the Collector may at his discretion relax the minimum or the maximum

limit in the following circumstances:

(i) where the relaxation of the minimum and maximum limit is necessary to avoid splitting

up a small plot of land in fragments;

(ii) where the land available in a locality is not sufficient for settlement with all the

persons who are residents of the locality and who intend to bring the land under

personal cultivation and own no land or less than one acre of land, and

(iii) where the land at the disposal of the State Government in a locality is more than

sufficient for settlement with all the persons who are residents of the locality and who

intend to bring the land under personal cultivation and own no land or less than one acre

of land.

Provided that the land settled under clause (iii) shall not exceed the ceiling

limit applicable .to the person with whom the land is settled.

Provided further that the area of land settled for the purpose of homestead with a

person having no homestead of his own shall not in any case exceed 200 sq. yards.

(0.0167 hectare).

(C) The deed of settlement shall be executed by the Collector as in L.C. Form XX.

(D) Where, however, the State Government is satisfied that it is necessary to retain or

reserve any vested land for any public purpose, it may do so, but shall take into

consideration the following:

(i) the land to be retained or reserved shall as far as possible be 'banzo' land.

(ii) the land to be retained or reserved shall not, as far as possible, exceed fifteen acres

in a block, and

(iii) the land so retained or reserved shall be put in use for such public purpose, as far as

practicable, within a period of two years.

514

25. Section 23 (1) Subject to any contract to the contrary in writing the following terms and

conditions shall be deemed to be included in the case of every settlement referred to in

Rule 24:

(a) The lessee shall have hereditary rights in the land;

(b) The lessee shall utilize the land for cultivation or for other purpose connected with

agriculture within one year of the allotment;

(c) Subject to the provisions of clause (d) the lessee shall not transfer or sublet the land so

allotted to him;

(d) The lessee shall be entitled to mortgage without delivery of possession, his interest in

the land as security for a loan taken from the State Government or a Co-operative Society

or from the State Bank of India or from any other bank as may be notified by the State

Government from time to time and

(e) The lessee shall get the land free, but shall pay to the State Government in respect of

the land so settled such land revenue as may be fixed by the Collector at the revenue rate

for the time being in force.

(2) If the lessee commits a breach of any of the terms and conditions of the lease, the

settlement or the lease shall terminate and the land shall revest in the State Government.

(3) When a settlement or lease of any land has been determined under sub-rule (2), the

District Collector may evict any person holding or retaining possession thereon and may

for that purpose use or cause to be used such force as may be necessary.

CHAPTER V

26. Management of lands vested in the State.

There shall be a Land Allotment Committee for each District consisting of the District

Collector, Revenue Officer and seven prominent persons of the District including members

of the State Legislative Assembly as Members. The Chairman and other Members of the

Committee shall be nominated by the State Government.

Provided that in the absence of the Revenue Officer the Collector may co opt either

the District Development Officer or the Divisional Forest Officer as a member.

Provided further that the quorum for every meeting of the Committee shall be

five members.

. 515

27. (I) As soon as excess land in respect of a particular block vests in the State Government

under Section 11 of the Act, applications shall be invited for its settlement.

(2) The list of the persons applying for land shall be prepared in order of preference

given in Rule 24 (A) as in L.C. Form XXI showing details of land held or cultivated by

them.

(3) The Collector shall then fix a date for the meeting of the Allotment Committee and

formulate proposals for allotment of land after examining the eligibility of the persons

applying for settlement of land.

(4) After selecting the persons for settlement of the land, the Committee shall prepare a

list of persons in order of preference as given as in L.C. Form XXII, with whom land is to

be settled and sign it. The Collector shall call the allottees of land on a day to be fixed for

executing the settlement deed.

(5) The Collector shall after execution of the settlement deed in L. C. Form XX depute

Revenue Supervisor or a surveyor to visit the block, carry out demarcation and make

over possession of the land to the allottees. He shall also get the record-of-rights

corrected on the basis of settlement made.

28. (I) The Collector may on his own motion or on an application made by any person

aggrieved by an allotment shall enquire into such allotment and if he is satisfied that

allotment has been obtained by fraud or misrepresentation, he may, cancel the allotment

or the lease within 3 years from the date of such allotment or lease as the case may be.

(2) When the allotment or lease of any land is cancelled, the right, title or interest of the

alIottee or lessee or any person claiming through him shall cease and the land shall be

resettled afresh by the Collector with other persons in the manner prescribed herein

before.

CHAPTER VI

Fixation of Land Revenue

29. Section 13. (I) On receipt of a copy of L.C. Form IX as required under Rule 13, the

Revenue Officer shall proceed to fix land revenue on the land to be retained by a person

after imposition of ceiling on the land owned or cultivated by him.

516

(2) The land revenue shall be fixed by multiplying the area of a plot with the revenue rate

applicable therefor.

(3) Where the land revenue is payable in kind, it shall be converted into land revenue

payable in cash at the revenue rate for the time being in force.

(4) Where there is no revenue rate for any particular class of land, it shall be determined

by the Revenue Officer with reference to the adjoining plot of similar class of land.

(5) The Revenue Officer after fixing the land revenue on the land to be retained by a

person shall return the copy of L.C. Form IX after filling in columns 38 and 39 to the

Competent Authority.

L. C. Form XX

(See Rule 24)

Deed of Settlement.

This indenture made this-.... day of.......... ......

...................................................... one thousand nine hundred and seventy

......................................................between the Governor through the District Collector (North)

South/East/West) hereinafter referred to as the Government (which expression shall include its

successor in office and assigns) of the ONE PART AND Shri

............ ............... son ..................................................................

R/O Block ................. ... .District ............ hereinafter

referred to as the Bustiwalla (which expression shall unless excluded by or repugnant to the

context be deemed to include his heirs, executors, administrators,. representatives and

assigns) of the OTHER PART.

Whereas the Bustiwalla has approached the Government of Sikkim (hereinafter

referred to as the 'Government') for granting and demising unto him the land referred to in the

Schedule hereunder written as a Bustiwalla under the Sikkim Agricultural Land Ceiling and

Reforms Act, 1977, (Act 14 of 1978) for agricultural purposes;

And whereas the Collector of District.....................................................has been

satisfied as to the eligibility of the said Bustiwalla to have and hold the said land and

described in the Schedule hereunder written and the Government have decided to demise and

-grant unto the Bustiwalla the said land subject to the terms and conditions hereinafter

expressed;

517

(1) The Bustiwalla shall have hereditary rights in the land;

(2) The Bustiwalla shall utilize the land for cultivation or for other purpose connected with

agriculture within one year of the allotment;

(3) Subject to the provisions of clause (4) the Bustiwalla shall not transfer or sub.

let the land;

(4) The Bustiwalla shall be entitled to mortgage without delivery of possession of the land, his

interest in the land, as security for a loan taken from the State Government or a Co-

operative Society or the State Bank of India or any other Banks as may be notified by the

State Government from time to time;

(5) The Bustiwalla shall pay annually to the State Government land revenue as may

be fixed from time to time at the revenue rate for the time being in force and

(6) If the Bustiwalla commits a breach of any of the terms and conditions of the lease, it shall

terminate and the land shall revert to the State Government and the District Collector may

evict him or any person retaining possession there from even by using such force as may

be necessary.

SCHEDULE

District Block Details of land Annual land Remarks

Plot No. Area Class' Revenue

Type

payable

I 2 3 4 5 6 7 8

Signature of the Bustiwalla. Signature of District Collector for

and on behalf of the Governor of

Sikkim Date ..................................

WITNESSES: Date........ ...................................

(I)

(2)

.518

L. C. FORM XXI

(Rule 27)

List of persons who apply for allotment of excess land in block ................................... ..........

District. .................................... ............

Sl. Names of persons Details of land, if any, held by the applicant or

No. who desire to be allo- other members of his family.

ted land with their As owner/ Block Plot No. Area Land Reve.

parentage and add- cultivator nue rent

ress in order of pre-

ference given in

Rule 24 (A).

I 2 3 4 I 5 I 6 7

Details of land wanted

Block

Plot No.

Area Remarks

9 10 11

Certified that the particulars given are correct.

J. L. R. O.

Chairman of the Land Allotment

Committee.

L. C. FORM XXII

( Rule 27)

List 'of persons selected for settlement of excess land in block............................

District............................. in the meeting of the Land Allotment Committee held on...............

Sl. No. Name of the Plot No. to Area Land Category of the

applicant with be allotted. Revenue allottee as per

parentage and rule 24 (A).

address.

1 2 3 4 5 6

Certified that the details given in columns 3,

4, 5 and 6 are correct.

J. L. R. O.

Signature of the members of the

Land Allotment Committee.

519

GOVERNMENT OF SIKKIM

LAND REVENUE DEPARTMENT

GANGTOK.

Notification No. 6/L. R. Dated Gangtok, the 26th July, 1986

In exercise of the powers conferred by sub-section (1) of section 13 of the Sikkim

Agricultural Land Ceiling and Reforms Act, 1977 (14 of 78) and in super session of the

notification No. 21/L. R. dated the 11th December, 1978, the State Government, hereby

constitutes the Tribunal for hearing of Appeals under section 13 of the aforesaid Act and

appoints the Joint Secretary, (Land Reforms) to the Government of Sikkim in the Land

Revenue Department, as the sole member of the Tribunal.

LAND REVENUE DEPARTMENT

GOVERNMENT OF SIKKIM

Notification No. I/L.R. Dated Gangtok, the 29th September, 1980.

The Sikkim Public Premises (Eviction of Unauthorised Occupants

and Rent Recovery) Rules, 1980.

In exercise of powers conferred by sub-section (1) of section 18 of the Sikkim Public

Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1980, the State

Government hereby makes the following rules:

Short title & com- 1. 1) The rules may be called the Sikkim Public Premises (Eviction of

mencement. Unauthorised Occupants and Rent Recovery) Rules, 1980.

2) They shall come into force at once.

Definitio

n

2. In these rules, unless the context otherwise requires:

a) Act means the Sikkim Public Premises (Eviction of

Unauthorised Occupants and Rent Recovery) Act, 1980.

b) All other words and expressions used but not defined in these

rules and defined in the Act, shall have the meaning respectively

assigned to them in the Act.

Form and

manner of

service of notice

under Section 4

of the Act.

3. 1) A notice under sub-section (1) of Section 4 of the Act,

shall be in SPP Form I appended to these rules.

2) In addition to any mode of service specified in the Act,

a notice issued under sub-section (1) of Section 4 of the

Act, shall be served by delivering or tendering a copy

of the notice to the person for whom it is intended or

520

. to any adult members of his family, or by sending it by registered

post with acknowledgement due in a letter addressed to that

person at his usual or last known place of residence or business.

3) Where the copy of the notice under sub-rule (1) is delivered or

tendered, the signature of the person to whom a copy so

delivered or tendered should be obtained in token of

acknowledgement due of the service of notice.

4) In respect of notice issued under sub-section (l) of Section 4 of the

Act, where the person or the adult members of the family of such

person refuses to sign the acknowledgement or where such

person cannot be found after using all due and reasonable

diligence, and there is no adult members of the family of such

person, a copy of the notice shall be affixed on the outer door or

some other conspicuous part of the residence or usual place of

business of such person and the original shall be returned

thereon or annexed thereto stating that a copy has been so

affixed, the circumstances under which it was done so and the

name and address of the person, if any, by whom the residence

or usual place of business was identified and in whose presence

the copy was affixed.

5) If the notice issued under sub-section (I) of Section 4 of

the- Act, cannot be served in the manner provided in sub-rule (I),

the Collector may, if he thinks fit, direct that such notice shall also

be published in at least one local newspaper having circulation in

the locality and he may also proclaim the contents of any notice

in. the locality by beat of drum.

6) Where any notice is to be served on any local authority, company

or corporation, it shall be served in the manner provided below:

a) Upon anyone or more of the partners. secretary, any director or

other principal officer of such local authority, company or

corporation, or

b) by leaving it or sending it by registered post addressed to the

local authority, company or corporation at its office or if. there is

no registered office, then at the place where such local authority,

company or corporation carries out its business.

Holding of enquiries under section 8

Form and manner of 5.

service of order &

taking possession of

public premises.

Form of notice to 6.

remove any property.

Assessment of dama-

ges and form of

notice or order.

521

4. 1) Where any person on whom a notice or order under this Act, has been served desires to be heard through his representatives, he should authorize such representatives in writing.

2) The Collector or any other officer appointed under the Act, shall

record the summary of the evidence tendered before him. The

summary of such evidence and any relevant documents filed

before him shall form part of the records of the proceeding.

1 ) The order of eviction under sub-section (1) of Section 5 of

the Act, shall be in SPP Form II which shall be served

. in the manner prescribed under sub-rule (2), (3), (4) & (5)

of Rule 3.

2) If any obstruction is offered, or is in the opinion of the Collector,

likely to be offered, to the taking possession of any premises

under the Act, the Collector or any other officer duly authorised

by him in this behalf may obtain necessary police assistance.

3) Where any public premises of which possession is to be taken

under the Act, is found locked, the Collector or any other officer

duly authorised by him in this behalf may either seal the

premises or in the presence of two witnesses break open the

locks, or open, or cause to be opened, any door, gate or other

barrier and enter the premises.

Provided- that :

a) no entry shall be made into, or possession taken of, a

public premises before sunrise or after sunset.

b) where any public premises is forced open, an inventory of

the articles found in the premises shall be prepared in the

presence of two witnesses.

1) The Collector may issue a notice to a person concerned from

whom the public premises has been taken, to remove any

property remaining on the said premises, giving not less than

fourteen days time from the date of service of notice in SPP

Form III.

1) In assessing damages for unauthorised use and occupation of

any public premises, the Collector shall take into consideration

the following matters, namely:

Procedure in

appeals.

8

522

the purpose and the period for which the public premises

were in unauthorised occupation;

b) the nature, size and standard of the accommodation available

in such premises;

a)

c) the rent that would have been realized if the premises had been

let on rent for the period of unauthorised occupation to a

private person;

d) any damage done to the premises during the period of

unauthorized occupation;

2)

e) any other matter relevant for the: purpose of assessing the

damage.

Where any person is in arrear of rent payable, or, any person is, or

has at any time been in unauthorised occupation of public

premises, the Collector shall cause to be assessed the arrear of

rent payable and damages and serve upon the person concerned,

a notice in SPP Forms IV and V calling upon him to show cause

within a period of thirty days from the date of issue of notice why

an order requiring him to pay the said arrear of rent and damages

assessed should not be made.

3) After the disposal of objections filed, if any. under subsection (3; of

section 7 or after disposal of any appeal under Section 9 of the

Act, the Collector shall cause to be served upon the person

concerned showing the arrear of rent and damages payable in

such number of instalments within a period of thirty days from the

date of issue of notice in Forms SPP VI and VII. In the event of

failure to make payment within the stipulated time, the same shall

be recovered as an arrear of land revenue or public demand.

1. 1) An appeal preferred under Section 9 of the Act shall be in writing,

shall set forth concisely the grounds of objection to the order

appealed against, and shall be accompanied by a copy of such

order.

2) On receipt of the appeal and after calling for and perusing the

record of the proceedings before the Collector, the Appellate

Officer shall appoint a time and place for the hearing of the

appeal and shall give notice thereof to the Collector' against

whose orders the appeal is preferred and to the Appellant and

authority in administrative control of the premises.

"

523

SPP FORM 1

NOTICE

(UNDER SUB-SECTION 1 OF SECTION 4)

To:

Name: Shri/Shrimati/ Kumari............................................................................ ...............

Address .................................. ........ ..................

Whereas I, the undersigned, am of opinion, on the grounds specified below, that you

.are in unauthorised occupation of the public premises mentioned in the Schedule below and

that you should be evicted from the said premises:

GROUNDS

Now, therefore, in pursuance of sub-section (1) of Section 4 of the Sikkim

Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1980, I hereby

call upon you to show cause on or before the.................................

................................................ why such an order of eviction should not be made.

SCHEDULE

Date ................... .................. Signature and seal of the

Collector.

"'''''''''''''''' ..... ... ......................

This date should be a date not earlier than fifteen days from the date of issue of the notice.

SPP FORM II

ORDER

UNDER SUB-SECTION (1) OFSECTION 5

Whereas I, the undersigned, am satisfied for the reasons recorded below that

Shri/Smt/Kumari.................... is/are in unauthorised

occupation of the public premises specified in the schedule below:

REASONS

Now, therefore, in exercise of the powers conferred on me by sub-section (1) of Section

5 of the Sikkim Public Premises (Eviction of Unauthorised Occupants and

Rent Recovery) Act, 1980, I, hereby order the said Shri/Smt/Kumari .................. ..................

.............................................................. and all persons who may be in occupation of the said

premises or any part thereof to vacate the said premises within .................days of the

524

date of the publication of this order.. In the event of refusal or failure to. comply with this order

within the period specified above, the said Shri/Smt/Kumari............

...................... : ..... and all other persons concerned are liable to. be

evicted from the said premises. if need be by the use of such force as may be necessary.

SCHEDULE

Date......................... .. ... ... Signature and seal of the Collector.

'"''''''''

SPP FORM III

NOTICE

UNDER SUB-SECTION (3) OFSECTION 6

To. :

Name: Shri/Shrimati/Kumari................................................................................. ...

Address., ........................................ ...................................................................... .....

Whereas on. the .... .....................................................................you ,were evicted from

the public premises described in the schedule below which was unauthorizedly occupied by

you.

Now, therefore, in exercise of the powers conferred on me by sub-section (I) of Section

6 of the Sikkim Public Premises (Eviction of Unauthorized Occupants and Rent Recovery) Act,

1980, I hereby give you notice that after fourteen days of the service of this notice on you, any

property remaining on the said premises will be liable to be removed or disposed of by public

auction.

In case you desire to. take possession of your property and to. remove the same from

the said premises, you will be permitted to. do. so. on written authority from the undersigned

provided any arrears of rent/damages/costs due from you are paid within the' 'said period of

fourteen days.

SCHEDULE

Date.............. .............. ...... Signature and seal of the Collector.

,

525 SSP FORM IV NOTICE (UNDER SUB.SECTION (3)OF SECTION 7 )

To:

Name' Shri/Shrimati/Kumari

Address............................................ ............................................ ....................

Whereas you

Schedule below:

are/were in occupation of the public premises described in the

And whereas a sum of Rs.............................................. .....being arrears of rent

from.........................................days of 19 .................upto the ........................ day of 19............

(both days inclusive) in respect of the said premises is due against you and payable

to the Government

Now, therefore, as required by sub-section (3) of Section 7 read with sub-section (1) of

Section 7 of the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent

Recovery) Act, 1980, I hereby call upon you to show cause on or before

....................... .................................................... why an order requiring you to pay the

said arrear of rent should not be made.

SCHEDULE

Date... ................ ... ...... Signature and seal of the Collector.

SPP FORM V

NOTICE

UNDER SUB-SECTION (3) OF SECTION 7

To:

Name: Shri/Shrimati/Kumari .............................. .....

Address... ............

Whereas I, the undersigned, am satisfied that you are/were in unauthorised occupation

of public premises mentioned in the schedule below:

And whereas in exercise of the powers conferred on me by sub-section (2) of Section 7

of the Sikkim Public Premises (Eviction of Unauthorised Occupants and

Rent Recovery) Act, 1980, I consider the damages amounting to Rs ........................ ............at

the rate of Rs ......................................................... p. m./p. a. have been caused on account of

unauthorised use and occupation of the said premises for the period from

... .. . .. . .. to. .. . .. . .. ..........

526

Now, therefore, as required by sub-section (3) of Section 7 read with sub-section (2) of

Section 7 of the Sikkim Public Premises (Eviction of Unauthorized Occupants and Rent

Recovery) Act, 1980, I hereby call upon you to show cause on or before

the ...................................................... why an order requiring you to pay the said damages

should not be made.

SCHEDULE

Date............................... Signature and seal of the Collector.

SPP FORM VI

ORDER

UNDER SUB-SECTION (1) OF SECTION 7

To:

Name: Shri/Shrimati/Kumari......................................................................... .............

Address

Whereas you are/were in occupation of the public premises described in the schedule

below;

And whereas, by a written notice dated you are

why an order called upon to show cause on or before

requiring you to pay a sum of Rs. (Rupees

) being the rent payable in respect

of the said premises should not be made;

And, whereas I have considered your objection and/or the evidence produced by you;

And. whereas you have not made any objection or produced any evidence before the

said date;

Now. therefore, in exercise of the powers conferred by sub-section (1) of Section 7 of the

Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) ,

Act, 1980, I hereby require you to pay the sum of Rs.

(Rupees

on or before the

In case the said sum is not paid within the said period or in the said manner

it will be recovered as arrear of Land Revenue or Public Demand. .

527

SCHEDULE

Date Signature and seal of the Collector.

.Strike off portion not required.

SPP FORM VII

ORDER

(UNDER SUB-SECTION (2) OF SECTION 7)

To:

Name: Shri/Shrimati/Kumari

Address

Whereas, I, the undersigned, am satisfied that you are /were in unauthorised occupation of

the public premises mentioned in the schedule below;

And, whereas by a written notice dated you were

called upon to show cause on or before the why an

order requiring you to pay damage of Rs. (Rupees

), for unauthorised use and occupa

tion of the said premises, should not be made;

* And, whereas I have considered your produced by you;

. And, whereas you have not made any objections or produced any evidence

before the said date;

objection and I or the evidence

Now, therefore, in exercise of the powers conferred on me by sub-section (2) of

section 7 of the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent

Recovery) Act, 1980, I hereby order you to pay the sum of

Rs. (Rupees )

assessed by me as damages on account of your unauthorised occupation of the said

premises on or before the

In the event of your refusal or failure to pay the damages within the said period,

the amount will be recovered as an arrear of Land Revenue or Public Demand.

SCHEDULE

Date

Signature and seal of the Collector.

* Strike off portion not required.

528

LAND REVENUE DEPARTMENT

GOVERNMENT OF SIKKIM

GANGTOK ---

No. 2/L.R. Dated Gangtok, the 1st December, 1980,

NOTIFICATION

In the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent Recovery)

Rules, 1980, framed under the provisions of section 18 of the Sikkim Public Premises (Eviction

of Unauthorised Occupants and Rent Recovery) Ordinance. 1980 (Ordinance No.1 of 1980),

for the word "Ordinance" wherever it occurs, the word “ Act" shall be substituted.

LAND REVENUE DEPARTMENT

Notification No. 2/SPP/Rev (Ref.) F. 1/6/80

Dated Gangtok, the 18th June, 1982.

In exercise of the powers conferred by clause (b) of Section 2 of the Sikkim

-Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1980 (9 of

1980) the State Government. hereby appoints the Deputy District Magistrate-cum. Deputy

Collector in all Districts to perform the functions of the Collector under the aforesaid Act and

the rules framed thereunder within their respective jurisdictions.

GOVERNMENT OF SIKKIM

FOREST DEPARTMENT "

Notification No. 664/F 30 Dated 12/1/84

In exercise of the powers conferred by Sub-Section (1) of Section 9 of the Sikkim

Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act 1980-(9 of

1980), the State Government hereby appoints as Appellate Authority consisting of the

following members:

(a) District & Sessions Judge - Chairman

(b) Joint Secretary, Local Self Government and Housing

Department - Member

(c) Joint Secretary, Law Department - Member

529

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

No. 67 (207) LSG&HD/86/ Dated 20th February, 1986.

NOTIFICA TION

In exercise of the powers conferred by Sub-section (1) of Section 9 of the Sikkim

Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1980 (9 of

1980) and in super session of Notification No. 664/ F 30 dated the 12th January, 1984, the

State Government hereby appoints the Legal Remembrancer and Secretary to the

Government in the Law Department as the Appellate Authority for the! purpose of this Act.

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT DEPARTMENT

GANGTOK

Notification No. 1/26 (25) LSG/79 Dated 9th March, 1979

In exercise of the powers conferred by sub-section (3) of section I of the Sikkim Cinemas

(Regulation) Act, 1978 (No. 20 of 1978), the State Government hereby appoints the first day

of April 1979 as the date on which the said Act shall come into force.

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT DEPARTMENT

GANGTOK

Notification No. 2/2 (41)/ LSG/79 Dated 9th March, 1979

In exercise of the powers conferred by the proviso to section 4 of the 'Sikkim Cinemas

(Regulation) Act, 1978 (20 of 1978), the State Government hereby constitutes the Secretary

to the Government of Sikkim in the Local Self Government Department as the licensing

authority for the whole of the State for the purposes of the said Act.

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT DEPARTMENT

GANGTOK

Notification No. 3/2 (41) LSG/79 Dated 9th March, 1979

In exercise of the powers conferred by sub-section (4) of section 5 and subsection (2)

of section 8 of the Sikkim Cinemas (Regulation) Act, 1978 (20 of 1978), the State Government

specifies the Chief Secretary, Government of Sikkim, as the officer to whom appeals against

the decisions or orders of the licensing authority shall lie.

530

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT DEPARTMENT

GANGTOK

Notification No. 4/1 (41)/LSGj79 Dated 9th March, 1979

In exercise of the powers conferred by section 9 of the Sikkim Cinemas (Regulation)

Act, 1978 (No. 20 of 1978), the State Government makes the following rules for the regulation

of cinemas in Sikkim namely:

Short title, commence-

ment and extent.

1. (i) These rules may be called the Sikkim Cinemas (Regulation)

Rules, 1979.

(ii) They shall come into force with effect from April 1, 1979.

(iii) They shall apply to all cinemas in Sikkim.

Definitions. 2. In these rules unless there is anything repugnant in the

subject or context

(i) "Act" means the Sikkim Cinemas {Regulation) Act. 1978;

(ii) "auditorium" means that portion of the licensed premises

where accommodation is provided for the public to view the

exhibition of cinemas from time to time;

(iii) "cinema" means the entire place licensed for cinematograph

exhibition and includes all appurtenances, plant and apparatus

located therein;

(iv) "Government" means the Government of

Sikkim ; of the State

(v) "licence" means a licence granted under the provisions of the

Act and the rules in the form set out in Appendix I to these rules;

(vi) "licensing authority" means the authority referred to in or

constituted under section 4 of the Act;

(vii) "licensee" means a person who has been granted a licence

in accordance with these rules and includes his agent appointed

for the purpose under a power of attorney and whose

appointment has been intimated in writing to the Licensing

authority;

(viii) "permanent building" means a building which is constructed

for permanent use with stone, mud, bricks. mortar, cement or

other non-inflammable material;

Application for

constructing a

cinema building.

Application for

licence.

531

(ix) "temporary building" means a building which is not a

permanent building and includes a booth, tent or similar structure;

(x) "temporary enclosure" means that portion of a place licensed

for special cinematograph exhibition or of a travelling cinema

where cinematograph apparatus is kept or erected or where films

are stored and wound.

3. (1) A person desirous of obtaining a licence for cinematograph

exhibition shall first submit an application specifying the site on

which the cinema building is to be constructed together with a plan

and specifications thereof to the Government.

(2) The plan mentioned in sub-rule (1) shall contain the elevations

and sections of the building, the proposed electrical installations,

arrangements for ventilation, sanitation and parking of vehicles

and the position of the premises in relation to adjacent premises

and public thoroughfares on which the building abuts, within a

radius of two hundred metres.

(3) The Government may, if it is satisfied that the site, plan and

specifications fully conform to the requirements of the rules, grant

to the applicant a certificate signifying its approval thereto. The

period within which the construction of the building shall be

completed shall also be stated in the certificate.

4. An application for the grant of a licence for cinematograph exhibition

shall be made to the licensing authority and shall contain full

particulars of the ownership of the premises and his interests

therein and shall be accompanied with the following documents

(a) the order of approval of plan under sub-rule (3) of rule 3;

(b) plan. of the building and premises containing the specifications

mentioned in sub-rule (2) of rule 3;

(c) plan of seating arrangements for each class separately;

(d) a certificate from the Power Department of the Government that

the electric installations conform to the required standards and

existing rules;

532

(e) a certificate from the Chief Fire Officer that the arrangements

for fire fighting appliances provided and the precautions taken

against fire conform to the requirements of the existing rules.

(f) a certificate from, the Gangtok Municipal Corporation in

respect of areas within the limits of the Corporation and the

Chief Medical Officer of, the District in all other cases, that the:

arrangements for sanitation conform, to the requirements. of the

existing rules.

5. A licence for cinematograph exhibition; may be granted by .

the licensing authority in respect of permanent buildings for a,

period not exceeding one year, renewable on' expiry for a

similar period of not more than one year at , a time.

6. Every licence granted prior to the coming into force of these

rules, shall be deemed to have been granted with all the'

conditions and restrictions prescribed by these rules until a new

licence is granted.

7. (1).. Nothing in these. rules shall affect the discretion of . the'

licensing authority to refuse a licence to any applicant if, for

reasons to be recorded in writing, the licensing authority considers

it necessary so to: do in' the public interest.

~

(2) An order, of the licensing authority refusing a licence under

sub-rule (1) shall be appeal able. The appeal shall lie to the

Government or any other officer appointed by the Government

for this purpose and shall be entertained only if it is filed within

thirty days of the communication of the order of refusal to the

applicant.

.8. (1) No licence shall be granted or renewed in favour of any

person unless

(a) he or his agent appointed 'for the purpose and. referred to in

rule 2 (vii), is residing in the town, bazar or area within whose

limit the cinematograph exhibition is intended to be given, and

(b) the licensing authority is satisfied that the ,requirements of

these rules have been fully complied with.

533

(2) No building except one already licensed for'

cinematograph exhibition before the. coming into force of.

these rules, shall be so licensed

(a) If it is situated within a .radius of 100 metres from the Raj

Bhawan, the State Secretariat, the High Court; or

(b) if it is situated within a radius of 50 metres from

(i) any recognised educational institution or any residential

,institution attached thereto; or

(ii) a public hospital with indoor patients; or

(iii) a place of worship; a, cremation ground, a graveyard, a

cemetery; or

(iv) any building housing an office of a head of the de.

partment of the Central or the State Government or any Court

of law;

(v) any other institution which the Government may consider

necessary in public interest to declare an, ,institution to which

this clause shall apply; or

(c) if for any other sufficient reason to be recorded the

licensing authority is; satisfied that the location of a cinema at

the site of that building is not in public interest; Provided that

the licensing authority shall not refuse a licence under clause

(c) except with the prior approval of the Government.

Explanation: For the purpose. of this sub-rule, the licensing

authority. shall, subject to the general control of the

Government, determine what is a public hospital or a

recognised educational institution and its ,decision shall be

final.

9 The, licensee shall not, during the currency of the Iicense

make any alteration or addition in the auditorium except with

the consent in writing of the licensing authority.

10. Subject to rule 11 the licensing authority may, with the

approval of the State Government, grant temporary licence

for' the regular exhibition in a structure other than a

temporary structure or occasionally in the open air or

.

Conditions for tem

porary licenses.

Exemption of special 12.

cinematograph exhi-

bition from the pro-

visions of the rules.

Travelling cinemas. 13.

534

in buildings not regularly used for exhibition of films, on such

conditions as may be deemed necessary to secure the safety of

the public.

11. No temporary licence shall be granted

(a) unless an application is made to the licensing authority at

least two weeks before the date on which it is proposed to give

the first exhibition;

(b) for a period exceeding one month at a time;

(c) for any exhibition for the purpose of which electrical energy

is generated or used for lighting the auditorium or operating the

projector unless an officer deputed by the Power Department of

the Government has inspected the electrical apparatus and the

fees are paid in accordance with the relevant provisions; and

(d) unless adequate precautions have been taken against

outbreak of fire to the satisfaction of the licensing authority.

Where a special cinematograph exhibition is to be given in an

institution, club or other place and it is not practicable to provide

therefor a fireproof enclosure, the licensing authority may, for

reasons to be recorded, dispense with the requirements of any

of these rules by specifying the same in the licence. A space of

six feet shall, however, be railed off round the cinematograph.

apparatus if the conditions applicable to temporary enclosure

are for any reasons relaxed. No drapery and no unprotected

combustible material other than film or that composed by the

floor, shall be within six feet of the cinematograph apparatus.

Before granting any such licence the licensing authority shall

ensure that adequate precautions are taken against a probable

outbreak of fire and for the safety of the film.

(1) The licensing authority may grant a licence for a period not

exceeding six months to a travelling cinema for cinematograph

exhibition on such terms and conditions as may be deemed

necessary.

No travelling cinema shall exhibit film in any local area for a

period exceeding three months at a stretch.

5

535

(2) A person desirous of obtaining a licence for' a travelling

cinema shall apply to the licensing, authority attaching to. his

application a plan and description of the building or structure in

which films shall be screened. The plan ,shall, show the seating

arrangement in the auditorium with exits, gangways, passages

and the projection place.

(3) If a licence is granted, the, plan and description, aforesaid

duly corrected or amplified where necessary and certified by the

licensing authority, shall be attached to. the licence. The terms

and conditions of, the licence shall be liable to. modification by

the licensing a authority at any time and this fact shall be stated

in the licence which along with the plan and description shall be

produced. an demand by any person authorised to inspect the

cinema.

(4) The licensing authority may refuse a licence to. a -travelling

cinema if in its opinion any portion of the building or structure is

in dangerous proximity to, any other building.

The fee payable by the licensee, far the grant or, renewal of a

permanent or temporary ,licence. under the, Act or far the issue of

a duplicate copy thereof shall be-credited to. the revenues of the

State and, shall be levied at the fallowing scales, namely:

(i) For the grant or renewal of a licence for a permanent cinema

for a period

(a) not exceeding one month .. ... Rs. 100 (b) exceeding one month but not exceeding , six months . ... Rs. 600 (c) exceeding six months but not exceeding one year ... Rs.. 1,200

(ii) Far the grant or renewal of 'a licence for temporary or travelling

cinemas for a period

(a) not exceeding one month...... Rs. 75

(b) exceeding one month but not exceeding three

months ... ... ............ ...'Rs. 225

Renewal of

licence.

Revocation or sus-

pension of licence.

Electrical require-

ments.

536

(c) exceeding three months but not exceeding six

months ... . ... ... Rs. 450

(iii) Fee for the issue of a duplicate copy of a licence to the

licensee shall be 75 per cent of the respective fee for the

original licence as prescribed above.

15. An application for renewal of licence shall be made one month

before the date of expiry of the licence, failing which a penalty of

Rs. 5 shall be leviable in addition to the renewal fee.

16. (1) The licensing authority may at its discretion revoke or suspend

the licence granted to any cinema within its jurisdiction if it is

satisfied

(a) that the licensee is responsible for a breach of any of the

provisions of the Act or of the rules or any condition of the

licence, or

(b) that any unauthorised alteration is made in the building or

the seating arrangement or enclosure, or

(c) that the building and installation are not maintained in pro.

per order, or

(d) that the licensee has failed without sufficient cause to comply

with any direction given under the Act or the rules, or

(e) that the cinema is used or conducted in a manner prejudicial

to the public interest.

(2) A. licensee aggrieved by an order passed under sub-rule (1)

may appeal to the State Government or any other officer

appointed by the Government for this purpose, within a

period of thirty days of the communication of the order of

revocation or suspension.

(3) The order shall be deemed to be duly served if it is tendered to

the licensee, or, where in the opinion of the licensing

authority personal service cannot be effected, if a copy of the

order is affixed at a prominent place on the premises owned

or controlled by the licensee.

17.

The licensee shall comply with the conditions relating to electrical requirements as are given in Appendix II to these rules.

Inspection of 18. (I) Every permanent building with electric installation shall be

electrical installation. inspected by an officer deputed by the Power Department

Removal of

defects.

Control of sound

from cinemas.

Booking

office.

Ventilation,

19.

537

of the Government once every year and if at any such inspection

any defect in the installation is noticed he may make further

inspections 'subsequently at any other time of the year to satisfy

himself that the management has removed the defect

satisfactorily.

(2) The following fees for inspections made under sub-rule (1)

shall be payable by the management and shall be credited to the

revenues of the State

(a) for the initial inspection Rs. 75

(b) for annual inspection 50 Rs.

(c) for any subsequent inspection rendered necessary by the

existence of defects at the initial or annual inspection. . Rs 25

The licensing authority shall cause notice to be given to the

licensee requiring him to remove the defects ascertained within a

period which shall be prescribed in the notice.

20. When granting or renewing any licence the licensing authority

may prescribe the distance beyond which sound shall not travel

from the cinema. Licensees. .shall not cause noise outside

cinemas by the use of loudspeakers, gramophones, trumpets and

drums etc.

21. Booking offices shall be so situated as not to cause any

overcrowding in the side verandahs and main entrance. If

necessary, a separate window with sufficient standing space

protected by rail for the use of ladies only may be provided if so

required by the licensing authority.

22. (1) All parts of a permanent building shall be properly

and sufficiently ventilated.

(2) Unless the .auditorium of a permanent building is air.

conditioned, it shall in addition to natural ventilation be provided

with sufficient number of power-driven exhaust fans suitably

located and of adequate size, at least one large size exhaust fan

being provided for every 150 persons.

The number and size of such fans shall be approved by the

licensing authority and shall be entered in' the 'licence. All exhaust

fans shall be kept working during performances except when the.

air-conditioning plant, if any, is working.

538

(3) When windows or skylights which provide, internal ventilation

have to be darkened or obscured: free permanent ventilation

shall also be provided through; ridge or ceiling ventilators. The

clear opening of such ventilation shall be not less than one

square foot for every ten persons accommodated :

Provided that the licensing authority ,may relax the condition

in the case of buildings already constructed and having sufficient

ventilation otherwise, if the extra ventilation is likely to prove very

expensive.

(4) Except in the case of air-conditioned buildings, ceiling and

bracket fans in such numbers and of such size as may be;

approved by the licensing authority, shall be provided in addition

to exhaust fans.

(5) If more than one exhibition is given on any day, the entire

auditorium shall be flushed with air for at least fifteen minutes

before each, exhibition, and shall be aired thoroughly. No

spectator shall be permitted to be present in the auditorium

during this period. .

. 23 (i) The premises shall be, kept clean and the auditorium shall be

swept and cleaned before each exhibition.

(ii) Latrines and urinals separately for men and women, at

different places, and of ,a suitable type, and design shall be

provided.

(iii) There shall be not less than one latrine seat for every 100

persons or less and not less than one place for urinating for

every 50 persons or less of the total seating accommodation:

Provided that at least two latrine seats and five places for

urinating shall be provided for women.

(iv) latrines shall be cleaned and flushed immediately before and

after each exhibition and shall be properly washed with a

disinfectant at least twice a day.

(v) In the case of water-flushed latrine or urinal a separate water

reservoir of adequate capacity shall be provided for flushing.

(vi) The management may subject to the direction issued in this

behalf by the licensing authority refuse admission to

Seating accommoda24.

tion.

539

or eject persons known to 'be suffering from a

loathsome or infectious disease.

contagious,

(vii) The rooms, passages and staircase of all permanent buildings

shall be lime washed and all iron. and woodwork of such a building

shall be cleaned or varnished at least once every year and shall at

all times be kept clean and free from dirt.

(viii) The doors and windows of the halls of the building shall be left

open for at least three hours every morning and for half an hour

between shows. During the half-hour intervals between the two

shows the auditorium shall be disinfected with an aerosol approved

by the Chief Medical Officer of the district. The auditorium shall be

swept, cleaned and disinfected every morning.

(ix) The Gangtok Municipal Corporation for cinemas within the

limits of the Corporation and the Chief Medical Officer of the district

for cinemas in other areas shall be responsible for periodical

inspections of the cinemas to see that sanitary conveniences and

arrangements for making the premises clean as provided under

the rules are being complied with and any instructions given in this

regard and as laid down in the rules shall be complied with by the

management within the time specified.

(i) The licensing authority shall determine the maximum number of

seats for each class separately and the same shall be specified in

the licence and prominently displayed near the entrance door to

every class in the cinema.

(ii) Except ground floor and first floor no other floor for seating

shall be permitted in permanent cinema buildings.

(iii) The seating shall be 80 arranged as to leave free access to

the exits.

(iv) The seating space assigned to each person shall be not less

than 18" by 18". Seats shall have back supports and armrests for

each person.

(v) The rows of seats shall be 80 arranged as to leave a clear

space of not less than 15 inches between the back of one seat

and the foremost portion of the seat in the row' behind measured

between perpendiculars.

540

(vi) All seats except in the boxes shall be securely fixed to the

floor or shall be firmly secured together in complete lengths;

the complete line shall be firmly attached to the floor. Seating

on the floor shall not be allowed in permanent buildings.

(vii) The distance between the front row of the seats and the

screen shall be not less than 18 feet.

25. (i) A clear gangway not less than three feet wide shall be kept

all round and not less than four feet wide in the centre; and

shall be so arranged that no seat shall be more than 10 feet

away from a gangway;

Provided that in an auditorium of less than 30 feet in width

the centre gangway may be omitted. Temporary seats must

on no account be placed in the gangways.

(ii) The licensing authority may, having regard to the large

number of seats in an auditorium, require that a gangway or

gangways, of a specific width, shall be provided parallel to

the rows of seats to secure direct access to exits.

(iii) An adequate number of clearly indicated exit doors as

may be determined by the licensing authority, shall be

provided to afford safe and speedy egress for the audience.

(iv) All doors through which the public must pass in using any

stairway, corridor or other passage for exit shall remain

unbolted during the entire period of the exhibition.

(v) Passages, gangways, corridors, landings and lobbies

shall be kept free from all obstruction at all times to enable

quick egress.

(vi) Walls or passages, gangways or corridors shall not have

any recess nor shall there be any projection there from within

6 feet off the ground. Lights shall not be hung to a height less

than 7 feet above floor level. Fire appliances are not included

within the purview of this sub-rule.

Fire precautions.

Prohibition of use of 27.

building for purposes

other than that of a

cinema.

Entry into projectio28.

room or winding room.

Prohibition of

naked lights and

smoking in

projection and

winding rooms.

Cinematogra

ph machine.

541

(vii) No stairway shall discharge into a passage or corridor against

or across the direction of the exit.

26. In regard to precautions against out-break of fire in the Cinema the

Iicencee shall provide such fire extinguishing appliances,

equipment and other facilities and also observe such conditions as

are given in Appendix III to these rules.

No portion of a cinema shall be used as a restaurant, boarding

house, shop, factory, workshop or manufactory or for the purposes

of storage or for the preparation or sale of food and drink except

with the sanction of the licensing authority and subject to such

conditions and restrictions as may be imposed and specified by it

in this behalf nor .shall any portion of the cinema be used for

residential purpose by day or night.

No person other than the licensed operator, the engineer-in charge

of the installation or the licensee shall be permitted to enter the

projection room or the winding room during a performance.

29. No matches and candles or any other naked light shall be used nor

shall smoking be permitted within the projection room or winding room.

A notice bearing in red letters the words "smoking strictly prohibited"

shall be prominently displayed in each of these rooms.

30. The cinematograph machine shall be placed on firm supports of

fire-resisting material fixed to the floor of the projection room. Only

standard and fireproof machines shall be used and the following

sub. clauses may serve as a guide, where necessary:

(i) The body of the cinematograph machine shall be constructed of

metal or lined with metal and asbestos; in the latter case there

shall be an air space between metal and asbestos lining. The

bottom of the cinematograph machine must form a metal tray

which shall be surrounded by a vertical edge at least one foot in

depth.

(ii) The cinematograph machine shall be provided with a metal

shutter which can be readily inserted between the source of light

and the film gate.

Winding room.

542

(iii) The shutter shall be immediately dropped in the event of any

accident to the cinematograph machine or stoppage of the film

and shall only be raised when the film is in motion for the purpose

of projection.

(iv) The film gate shall be of massive construction and provided

with ample heat radiating surface and the passage for the film

shall be sufficiently narrow to prevent film traveling upwards or

downwards from the light opening.

(v) All cinematograph projectors shall be fitted with two metal film

boxes of substantial constructions not more than 18 inches in

diameter. inside measurement, to and from which the films shall

travel;

Provided that where only one film is used for the purpose of

exhibition, the film box may not be more than 20 inches in

diameter.

31. (1) The winding room shall be constructed entirely of fire. resisting

material and shall be large enough to allow the winder to operate

freely. It shall be situated apart from the projection room and

auditorium but in the case of cinemas already licensed or the

construction of which has started before these rules came into

force, the licensing authority may, for reasons to be recorded,

permit the winding room to adjoin the projection room. The

winding room shall have no openings in the wall so as to permit

communication with the auditorium or public passages.

(2) The winding room shall be closed by a closely fitting self-

closing door of fire-resisting material which shall only be opened

for ingress and egress and shall remain closed during the entire

period that the entertainment is in progress. Suitable

arrangements shall be made for ventilation in the winding room

and one or more electric fans of suitable dimensions shall be

provided by the licensee.

(3) Only electric light shall be used in the winding room and any

lamps in proximity to the film shall be closed in a stout fitting

designed to prevent breakage of the bulb.

(4) Spools shall be chain or gear driven and films shall be so

wound up on spools that the wound film shall not at any time

reach or project beyond the edges of the flanges of the spool.

543

(5) The winding of films shall not be carried out in the projection

room while an exhibition is in progress.

(6) All films which are not in use shall be kept in containers

specified in the Cinematograph Film Rules, 1948, made by the

Central Government under the Petroleum Act, 1934 (XXX of

1934).

(7) Excepting a film which is being wound or stored, no

inflammable article shall unnecessarily be taken into or be

allowed to remain in the winding room.

(8) All cinemas in permanent buildings shall, without

exception, be required to provide and use a winding room in

accordance with the above requirements.

32. For the storage and transport of cinematograph films having

a nitro-cellulose base, the Cinematograph Film Rules, 1948

shall apply.

33. (1) At least two operators and one additional operator for

every additional machine holding valid permits, shall be

engaged in manipulating each projector and no other

person shall be allowed within ten feet of the machine

during the exhibition except the licensee himself or any

technician authorised in writing by the licensee. It shall be

the sole duty of one of the operators to take charge of the

films after they have passed through the machine. The other

operators shall be in charge of the machine and the

projection room or operating box.

(2) An operator's permit shall be granted by the licensing

authority in the form set out in Appendix IV to these rules,

and a fee of Rs. 10 shall be chargeable for each such

permit. No fee shall, however, be charged in respect of

permits issued to operators in Government employ.

(3) A permit shall not be granted to any operator unless he

(a) possesses a working knowledge of cinematograph

machine and in particular a working knowledge of the type

of machine which he is to operate;

(b) is thoroughly conversant with the rules and conditions

regarding precautions against fire;

Film storage,

Operators.

544

(c) is conversant with the speedy and effective method of

dealing with an outbreak of fire;

(d) is proficient in the handling, winding, repairing and

cleaning of films.

34. No licensee shall screen or allow to be screened any film which

has not been certified by the Board of Film Censors

constituted by the Central Government under Section 3 of the

Cinematograph Act, 1952 (Act No. 37 of 1952). Films shall be

shown in the same form in which they have been certified by

the Board. Films with censor certificate the validity of which

has expired shall not be screened.

35. If the Central Board of Film Censors has granted an 'A'

certificate in respect of a film, which means that its exhibition

is to be restricted to adults (persons who have completed

their eighteenth year) only, due publicity shall be given to this

fact by the licensee through posters and newspapers and no

person who is not an adult shall be admitted to the auditorium

to witness such film.

36. No obscene, immodest or objectionable poster, placard,

hoarding or pictorial material shall be displayed at the show-

windows or lobbies of the Cinema house or at any other

place within the licensed premises or anywhere within the

town, Bazar or area where the cinematograph exhibition is

given.

37. In order to ensure that the conditions mentioned in rules 34, 35

and 36 are duly observed, the Secretary to the Government

in the Information Department and any officer authorised by

him in this behalf, shall have power to make surprise checks

of the cinemas and the licensee shall ensure that they are

allowed to do so without any hindrance.

38. The Secretary to the Government in the Department dealing

with the subject of Cinemas and responsible for the

implementation of the Act and the rules made there under,

shall have the power to inspect any Cinema, or authorize any

officer to do so, at any time, for the purpose of ensuring that

the provisions of the Act,

Only certified films

to be

screened.

Conditions

regarding

films with 'A'

certificate.

Display of posters.

Checks by

officers of the

Information

Department.

Power of State

Government to make

inspection,

545

rules and directions issued thereunder are duly complied

with by the licensee.

39. An inspection book shall be maintained by the licensee in

which all inspection notes under rules 18, 37 and 38 shall

be recorded.

Inspection Book.

40. The State Government shall have power to issue necessary

directions as it deems fit from time to time for proper

implementation of the provisions of the Act and the rules

framed thereunder and also to amend or to modify the

terms of the licence granted by the licensing authority and

also any other order passed in connection with the

exhibition of films in the interest of the public.

Power of State

Government to issue

directions.

APPENDIX-l

(See Rule 2 (v)

FORM OF LICENCE

The.............. .................................Cinema situated at .............................................. .......

in ................. ............ ........... within District ............................. .......... ..................

of Sikkim is licensed under Section 5 of the Sikkim Cinemas (Regulation) Act, 1978, (20 of

1978) as a place where exhibition by means of a cinematograph may be given

from.................................. .19.......... to .......... ... ..................... ... .19 ......... . ....................both "

days inclusive.

This licence has been granted to ..................................................... .............(hereinafter

referred to as the licensee) and shall be terminated forthwith if the licensee ceases to own,

to hold on lease or to manage the laid cinema.

This licence is granted subject to the conditions set forth in the rules framed by the

Government and to the following further conditions

(1) that the licensee shall not exhibit, or permit to be exhibited, in the said Cinema any

film other than a firm which has been certified as suitable for unrestricted public exhibition or

suitable for public exhibition restricted to adults under section 5A of the Cinematograph Act,

1952 and which when exhibited, displays the prescribed mark "U" or "A", and has not been

altered or tampered with in any way since such mark was affixed thereto.

(2) that the licensee shall not exhibit or permit to be exhibited in the said Cinema to any

person who is not an adult any film which has been certified as suitable for public exhibition

restricted to adults only.

546

(3) that the licensee shall cause to be exhibited at each performance in the said' Cinema

one or more approved films and shall comply with any direction which the Government may by

general or special order, give as to the manner in which approved. films shall be exhibited in the

course of any performance.

(4) that the licensee shall not exhibit or cause to be exhibited at any performance in the

said cinema

(a) any advertisement regarding sexual diseases and medicines to correct sexual

disorders or purporting to assist the childless in begetting children etc; and

(b) any indecent, obscene, immoral or suggestive advertisement, pictures or posters on

the premises of the said Cinema.

(5) that the licensee shall give a preview of the film to the licensing authority or any other

officer or officers deputed by that authority if it is reported or comes to the notice of the said

authority that the exhibition of the film or any portion thereof is liable to cause breach of

peace.

(6) that the licensee shall, if so required by the licensing authority, send to it previous

information of every film proposed for exhibition together with a synopsis al least three days

before its exhibition is proposed;

(7) that the licensee shall allow any officer authorised under the rules to inspect the said

Cinema in order to see that the said rules are being observed;

(8) that the total number of seats in the auditorium and the seats fixed for each class

shall not exceed the number specified in the Schedule appended to the licence nor shall the

number and description of fire appliances, exhaust fans, electric fans or sanitary

requirements be less than specified therein;

(9) that the total number of performances in the said Cinema shall not exceed the

number specified in the Schedule appended to this licence nor shall the timings given in the

Schedule for each performance be changed without prior permission in writing of the

licensing authority

(10) that the licensee shall not display or cause to be displayed any photograph,

pictures or posters which depict or represent or purport to represent a scene or shot which

has been excised from any film under the orders of the Central Board of Film Censors or the

Central Government.

GANGTOK Licensing

Authority Dated the.......................... ... ...... .19...... Government of Sikkim

547

SCHEDULE

. 9.

10.

1. Total number of seats in the auditorium.

2. Number of seats in each class-

(a) Dress Circle

(b) Balcony

(c) 1st Class

(d) 2nd Class

(e) 3rd Class

Number of performances to be held each day. 3.

Timings of the performances

(i) Summer ..........................................

(ii) Winter............................................

5. Fire appliances.

(i) Description... ............................................

(ii) Number... ............................:

(iii) Location ..............................................

6. Exhaust fans

(i) Size and location..............................

(ii) Number............................................... ...,...

7. Electrical fans

(i) Description and size...........................

(ii) Number......................................... ............

8. Sanitary requirements

(i) Latrine seats ............

(ii) Urinal s... .............. .................................

Details of certificates and plans mentioned in Rule 4.

Remarks, if any.

GANGTOK,

DATED THE... ................ ... ......... 19......

Licensing Authority

Government of Sikkim

4.

548

APPENDIX-II

[See Rule 17] ELECTRICAL

REQUIREMENTS

1. The electric installations in general shall conform to the Indian Electricity Rules, 1956,

framed under the Indian Electricity Act, 1910 (IX of 1910) in so far .as they are applicable.

2. No illuminant other than electricity shall be used in a cinematograph projector

or taken into or allowed to remain in the projection room.

3. Where a cleat wiring or leading in wires of feeding fans or pendant lights run on wooden

beams, or other inflammable material, they shall run in conduit so as to resist fire in the

event of a short circuit.

4. Wiring shall be done in the manner specified hereunder.

(A) Projection Room

(i) Cables for projectors shall be taken as separate circuits from the supply side

of the main fuse in general lighting circuit;

(ii) An efficient double pole iron clad switch shall be fitted within the projection room in

the projector's circuit;

(iii) within the projection room the insulating material of all electric cables including the

leads of the pendant lights and fans shall be covered with fire-resisting material;

(iv) The wiring in the projection room shall be in seamless screwed conduit with efficient

bushes. Lead covered cables shall not be used unless enclosed in such conduits;

(v) All switchgears, fuses etc. shall be iron clad;

(vi) The body of the projections, switchgears, conduit, etc. shall be connected to

the earth by means of not less than No.8 standard wire gauge copper wire

(vii) AII resistances, with the exception of resistance for regulating purposes shall be

placed outside the projection room and winding room and if reasonably practicable also

outside the auditorium. If placed inside the projection room or auditorium such resistance

shall be protected by a gauge wire guard or other efficient means of preventing

accidental contact with films

(viii) Where switch boards are installed in the projection room the space between any

switchboard and the wall shall be enclosed with fireproof material in such a manner that

the fire cannot spread to the wiring at the back: of the switchboard.

549

(ix) No electric current, except with the written permission of an officer. not below the rank

of an Executive Engineer especially authorised by the Power Department, shall be at a

pressure higher than 250 volts within the projection room, at any time.

(x) Not more than one-third of the general lighting shall be controlled from the projection

room.

(B) Winding Room

The above requirements for the wiring in the projection room shall apply to wiring to be

provided in the winding room also.

(C) Emergency Light

(i) No illuminant other than electricity shall be used for emergency lights which shall have

(a) an independent source of supply such as batteries, or

(b) separate main fuses where supply is generated in the premises and a separate line

with a separate pole fuse where the installation is fed by the town supply

and metered separately. .

(ii) Emergency lights shall consist of

(a) not less than two lights of 200 watts each in the auditorium;

(b) exit lights;

(c) lights in the doorways foyer, lobbies, verandahs, staircases. corridors and passages

for all portions of the premises to which the public has access either generally or in

emergency and on the extension of the building facing thoroughfares.

Note- (a), (b) and (c) may each be controlled by independent switches or (ii) (a) may have

an independent switch while (ii) (b) may be controlled by the second switch. All or

both switches shall be fixed side by side.

(iii) All emergency lights shall be controlled from a switchboard installed in a convenient

and easily accessible place in front of the building. None of the circuits of the emergency

light shall on any account enter or be carried through the projection room or -winding

room;

(iv) (a) Boxes bearing the word "EXIT" painted (red) in three inch letters on translucent

glass with dark black background shall be mounted over each emergency exit door and

shall be either connected with the emergency light circuit or fed independently by means

of a battery or lighted either with at

550

least two oil lamps, or with at least one gas burner. Such exit signs shall be kept

continuously alight during the entire period of a performance.

(b) There shall be No EXIT" signs of the same dimensions as the 'exit' signs

enclosed in dark background and in white letters.

(v) An efficient portable electric battery or torch with a fully protected bulb shall be

kept available in one particular space in the enclosure and also in the place used for

winding films throughout the performance and during all winding or rewinding

operations.

(vi) Besides the normal lighting system installed in the premises, such other flights

as may be required by the Power Department shall be provided for safe exit of the

audience in emergency. Each member of the staff controlling admission to the

auditorium and each operator shall be provided with al electric torch in working

condition.

(D) Motor room

(i) The wiring in the motor room shall conform to the requirements of the Indian

Electricity Rules, 1956.

(ii) A shock restoration chart which may be obtained on payment from the

Power Department, shall be provided and hung in an conspicuous place on the

premises.

5. All switchboards shall be constructed wholly of durable non-inflammable and non-absorbent material.

6. All fuses shall be provided with a suitable incombustible and insulating carrier of

such form as to protect a person handling it from shock and burns and contacts

shall be provided on the carrier to which the ends of the fuse can be readily

attached.

APPENDIX-III [See Rule 26]

PRECAUTIONS AGAINST FIRE

1. Tanks

In every permanent or temporary cinema there shall be provided on the top of the

proscenium wall or in some other place to be approved by the Chief Fire Officer, Sikkim

Fire Service, two cisterns (connected with fire service in the Cinema which shall always be

kept filled with water. Each cistern shall be capable of containing at least, 1, 135 liters of

water for every 100 individuals of the public to be accommodated in the cinema. These

cisterns shall be fitted with an outside indicator

551

suitably placed so as to show clearly the depth of water therein. 'The water shall be kept -

clean and free from sediment and covered over with properly fitting covers so as to be

mosquito-proof. The cisterns shall be cleaned once every year.

Provided that nothing in this clause shall apply to touring cinemas.

2. Hydrants/Hose

Reels:

(i) An cinemas shall be provided with such number of hydrants/hose reels (not less

than two) as may be determined by the licensing authority. These shall be fixed at such

sites as may be approved by the Chief Fire Officer.

(ii) The hydrants/hose reels shall be connected to the cisterns provided for in Clause I

by taking separate mains of 7. 5 cm diameter from each cistern and joined together by a

single main not less than 7. 5 cm diameter.

(iii) Hose pipes with jet nozzles and required accessories shall also be provided as

directed by the Chief Fire Officer.

3. Fire Buckets:

(i) Fire buckets of approved design with a conical base shall be provided in such

numbers as the licensing authority may direct and shall be kept at all times full of water

which shall be changed regularly twice every week. Fire buckets shall be kept in stands

specially designed for the purpose. A pinch of lime shall be added to such water to prevent

the breeding of mosquitoes. Buckets of dust or dry sand shall also be provided in such

numbers as the licensing authority may direct and the attention of the public shall be drawn

to the water and sand buckets by placards legibly painted and fixed immediately above

them.

(ii) At least one bucket filled with dry sand shall be kept in some accessible position on

the stage in readiness for use in dealing with an electric fire.

4. Portable fire extinguishers:

(i) Portable fire extinguishers of an approved type shall be provided in such numbers

as the licensing authority may from time to time direct and shall be placed on brackets 1. 20

m from the ground. Directions for using them shall be prominently painted on the

extinguisher or on a card placed over the extinguisher and the attention of the public shall be

directed to them by placards legibly printed or painted and fixed immediately above them.

(ii) Portable extinguishers shall be filled or well cleaned and recharged 12

months, a record of which shall be kept for inspection.

every

552

5. Fire Extinguishers etc. for enclosure:

Two pressure type fire extinguishers, two buckets of water, one bucket of sand and a

blanket shall always be kept inside the projection room or enclosure. A large sponge shall be

kept in one of the buckets of water and one fire extinguisher shall also be kept immediately

outside the projection room or enclosure.

6. Curtains:

All curtains covering the doors and passages shall be hung so as not to trail on the

floor.

7.Telephone:

In places where there is a public telephone system, the cinema building shall be

connected by telephone with the nearest fire brigade station. at the cost of the licensee.

8. Firemen:

(i) In every cinema including a touring cinema, the employees shall be trained in the

use of appliances and shall for such purposes be drilled periodically at least once in every

month.

(ii) During an exhibition all fire extinguishing appliances shall be in charge of some

person or persons specially appointed for this purpose. Such persons need not be employed

exclusively in looking. after the fire appliances but they must not be given any other work

during an exhibition which would take them away from the building or otherwise prevent them

from being immediately available in case of danger or al. arm of fire.

(iii) The instructions to be followed in case of fire shall always be displayed in some

conspicuous place so that all people connected with the cinema may be acquainted with

them.

(iv) A report of any fire or alarm of fire, however slight, shall at once be sent to the

nearest fire brigade.

9. Lightning Conductors:

Lightning conductors shall be provided in each cinema building.

10. No smoking shall at any time be permitted within the projection room, winding room or the

auditorium. A placard shall be prominently exhibited both inside and outside the premises to

the effect that smoking is prohibited.

11. In addition to the requirements mentioned above the licensee shall provide such other

facilities for fighting fire as may be required by the licensing authority from time to time.

553

APPENDIX-IV

(See Rule 33 (2) )

FORM OF PERMIT FOR CINEMATOGRAPH OPERATORS

Permit No. .................................

Whereas Sri................................................ whose address is ............................. ............

has been examined and found qualified to perform the duties of an operator he is hereby

permitted under rule 33 (2) of the Sikkim Cinemas (Regulation) Rules, 1979 to operate a

Cinematograph machine within Sikkim, for a period of three years !.. ending ..19 ............ ......

The licence fee of Rs. 10/- (Rupees ten) only payable for this permit has been realized

and credited to the State revenue.

Place ............................. ...... Licensing Authority

Dated........................ ......... Government of Sikkim

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT DEPARTMENT

Notification No. 5/LSG

Dated Gangtok, the 20th April, 1979

In exercise of the powers conferred by sub-section (1) of section 3 read with sub-

section (1) of section 4 of the Sikkim Housing and Development Board Act, 1979, the State

Government hereby constitutes with effect from April 20, 1979 the Sikkim Housing and

Development Board which shall consist of the following:

(I) The Minister - in - Charge of the Local Self Government

and Housing Department.

(2) Secretary, Finance Department.

(3) Secretary, Local Self Government and Housing Department.

(4) Secretary, Panchayat and Rural Works Department,.

(5) Development Commissioner.

(6) Chief Engineer, Sikkim Public Works Department.

(7) Secretary, Sikkim Housing and Development Board.

Chairman

Member

Member

Member

- Member

Member

Member

554

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

Gangtok (Sikkim)

Notification No. 27 (25) 4/LSGHD. Dated Gangtok, July 18, 1981.

In exercise of the powers conferred by sub-section (3) of Section 1 of the

Sikkim Entertainment Tax Act, 1980 (8 of 1980), the State Government hereby appoints the

1st day of August, 1981 as the date on which the said Act shall come into force.

GOVERNMENT OF SIKKIM LOCAL SELF GOVERNMENT AND

HOUSING

DEPARTMENT GANGTOK

Notification No.8. (41) 5/1980

Dated Gangtok, July 18, 1981.

In exercise of the powers conferred by sub-section (1) of section 3 of the Sikkim

Entertainment Tax Act, 1980 (8 of 1980) and in super-session of all previous . notifications and

orders on the subject, the State Government hereby orders that with

effect from the 1st day of August 1981, there shall be levied and paid on all payments. for

admission to the categories of entertainment specified in column (1) of the Table below an

entertainment tax at the rate specified in column (2) of the said Table:

TABLE

Categories of entertainment

1

Rate of entertainment tax

2

1. Cinematograph Exhibitions at the rate of

(a) forty percent of the payment for admission

(exclusive of tax) where such payment is less

than one rupee;

(b) fifty percent of the payment for admission

(exclusive of tax) where such payment is less than

rupee one and forty paisa;

(c) sixty percent of the payment for admission

(exclusive of tax) where such payment is Iess than

rupee one and eighty paisa and;

(d) seventy five percent of the payment for

admission (exclusive of tax) where such pay

555

2. Games and Sports

ment is rupee one and eighty paisa and above.

at the rate of twenty percent of the payment for

admission to such games and sports, exclusive of

tax.

3. Other exhibitions, performances

and amusements. at the rate of twenty five percent of the payment for

admission to such .exhibitions, performances and

amusements, exclusive of tax.

Explanation: While calculating the tax under any of the items specified in the above table,

fraction of a paisa shall be ignored and if the last figure is less than five, the amount shall be

increased to the next higher amount which is a multiple of five and if the last figure is more

than five, the amount shall be increased to the next higher amount which is a multiple of ten.

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

GANGTOK.

Notification No. 174 (57) 6/LSGHD./1980

Dated Gangtok, the July 18, 1981.

In exercise of the powers conferred by section 1O of the

Sikkim Entertainment Tax Act, 1980 (No.8 of 1980) the

State Government makes the following rules for securing

the payment of entertainment tax and generally for carrying

into effect the provisions of the said Act

1. (1) These rules shall be called the Sikkim Entertainment

Tax Rules, 1981.

Short title, com-

mencement and

extent.

(2) They shall come into force with effect from August 1,

1981.

(3) They shall apply to all entertainments to which persons

are admitted on payment and which are notified under

section 3 of the Act.

2. In these rules, unless there is anything repugnant in the

subject or context,

Definitions.

(a) "Act" means the Sikkim Entertainment Tax 1980

(No.8 of 1980);

Act,

:556

(b) "form" means the form appended to these rules;

(c) "Government" means the government of the State of

Sikkim

(d) "official seal" means an impressed, embossed or en-

graved seal with the signature of the Secretary of the

Department entrusted with the assessment and collection of

entertainment tax fox the purpose of stamping the ticket and

denoting that the proper tax has been paid.

3. For the purpose of- uniformity in the realization of

entertainment tax the entertainments shall be classified

as under

(a) exhibitions by means of cinematograph;

(b) games and sports; and

(c) other exhibitions, performances and amusements.

4. (I) Every taxable ticket issued on payment for admission to

an entertainment shall be clearly marked with

(a) name of the place entertainment;

(b) serial number of ticket;

(c) day and show; .

(d) name of class;

(e) admission rate;

(f) entertainment tax;

(g) total of admission rate and tax;

(h) name of press and town.

(2) The tickets shall be placed in books and each book shall

contain 100 tickets.

5. Every taxable ticket issued for the purpose of admitting

more than one person to an entertainment shall also have

clearly shown thereon the number of persons to be admitted

and the amount- of total tax payable on tickets for admitting

each such person separately.

6. Every taxable ticket shall be. stamped with the official seal of

the Secretary of the Department entrusted with the

Classification

entertainment,

Particulars to

be shown on

ticket

Plural ticket,

Stamping

of tickets with

official seal

'557

assessment and collection of entertainment tax before his.

issued denoting. that the entertainment tax payable has

been deposited in the Government account.

7. All tickets shall be got printed by the proprietor/management of

the entertainment concerned and shall' be deposited with the

Government sufficiently in advance of the date or dates fixed

for the entertainment and for this purpose Form-" A" shall be

used.

8. (1) Whenever the proprietor /management of an entertainment

requires the tickets for being sold he shall send a requisition to

Government in Form - 'B' showing the number of tickets

required and the entertainment tax payable along with the

receipt of the Bank of Sikkim showing that the total tax

payable has been deposited in the Government account.

(2) On receipt of the requisition and the Bank receipt as in

sub-rule (I) the Government shall issue the required number

of tickets stamped with the official seal to the pro-

prietor/management of the entertainment and take a proper

receipt for the same.

(3) In the case of casual entertainments which are held

occasionally the same procedure as in rule 7 and sub rule (1)

and (2) of this rule shall be followed, but in their case the tax

shall be deposited in full under a temporary receipt in favour of

the Secretary of the Department concerned. If the

proprietor/management applies for a refund of the

entertainment tax in respect of the unused tickets, the

application shall be duly considered and after ascertaining the

facts, necessary refund shall be made and the balance

deposited in the Government account as entertainment tax.

The unused tickets so returned by the proprietor/management

shall be destroyed after obtaining proper orders of the

Secretary concerned.

(4) No application for refund under sub-rule (3) shall be enter-

tained after 15 days of the last show of the entertainment

concerned and the entire amount deposited under the tempo-

rary receipt shall in that case be deposited in the Government

account as entertainment tax.

.

Printing of

tickets and their

stamping.

Manner of realization of

tax.

558

9. (1). A register in Form 'C' shall be maintained in which

necessary entries shall be made regarding receipt and issue of

all cinema tickets. There shall be a separate register for each

cinema.

(2) A separate register shall be maintained for all enterta-

inments other than cinemas.

10. When the purchaser of any ticket admitting him to one part of an

entertainment wishes to transfer to another part of the

entertainment for which the price of admission is higher and

taxable the proprietor/management may issue him a ticket of the

higher class duly stamped by the official seal and take back the

first ticket issued to him.

11. Every season ticket or tickets available for more than one

entertainment shall have marked thereon the name of the

purchaser and the period for which it is available. Such ticket

shall besides being marked with the price of entertainment will

also be marked with the amount of the entertainment tax that

would be payable and shall be duly stamped with the official

seal.

12. (I) When the proprietor/management of an entertainment

proposes to hold or exhibit an entertainment which has been

exempted from payment of entertainment tax under section 7

of the Act, he shall follow the same procedure as laid down in

rule 7 and on receipt of the requisition the Government shall

issue to the proprietor/management of the said entertainment

the required number of tickets but without stamping them with

the official seal. Such tickets shall be used only for the

entertainment for which they are issued and not otherwise.

(2) The unsold tax free tickets, if any shall, be returned to the

Government with a statement in Form 'D' within three days of

the last show of the entertainment and kept separately and

entered into a separate register in Form 'E' to be maintained for

the purpose. When they are to be issued for being sold in any

subsequent entertainment which is not exempted from tax, they

shall be taken out from the said register and accounted for in the

register of taxable tickets.

Entries to be

made in registers

Transfer of

seat,

Season tickets,

Tax free tickets,

559

(3) The proprietor/management shall sell the tax free tickets as

long as he exhibits or holds the tax: free entertainment and

shall prepare and submit to Government a daily account of

collection made by him in each show in Form-'F'.

(4) This rule shall not apply in the case of casual or temporary

entertainments exempted from entertainment tax and for

which no tickets are to be stocked with the Government.

13. On admission of the purchaser the proprietor/management

shall cause every ticket, not being a season ticket or tickets

available for more than one entertainment, issued for admission

to the entertainment, to be collected so that the ticket is torn

into two portions across the seal and one portion is returned to

the purchaser. The purchaser shall retain his portion until he

has left the place of entertainment. The other portion shall be

retained by the proprietor till the end of the day following the

entertainment and shall then be destroyed.

14. No ticket which is officially sealed but has been torn, defaced

or otherwise marked or mutilated shall be issued by the

proprietor/management. Such tickets may be returned to the

Government who on being satisfied that they have not been wilfully

damaged or spoiled, may give in lieu thereof other tickets of the

same class or value.

15. Every proprietor/management shall keep a proper account of

the number of respective tickets issued to him and sold by him

upto date.

16. Where payment for a programme or synopsis is compulsory,

the tax shall be levied on the total sum paid for admission to

the entertainment including the sum paid for the programme or

synopsis. Where payment for a programme or synopsis is

voluntary, the tax shall be levied separately on the sum paid

for admission and on the sum paid for the programme or

synopsis.

17. Any person claiming exemption under sub-section (1) of

section 7 of the Act from payment of the entertainment tax

shall present an application for such exemption to the

Government ten clear days before the date of the

entertainment. After considering the application the Gover-

nment shall issue such orders as it may deem fit under sub-

section (2) of section 7 of the Act.

Defacement and

destruction of tickets.

Torn, defaced etc.,

tickets.

Maintenance of

stock of tickets.

Payment of tax on

programmes or

synopsis.

Exemptions

section 7

under

560

18, Every proprietor/management of an entertainment admitting a

person free of payment or on payment of a reduced sum shall

issue to such persona ticket showing clearly thereon the full

charge for admission to the class to which the person is

admitted. The tax shall be paid on such ticket in the same

manner as if it were a ticket issued on payment of the full charge

and the person admitted shall for the purposes of these rules be

deemed to be the purchaser. of the ticket:

Provided

(1) that when a child not exceeding three years in age is admitted

free of payment, he shall be exempted from the payment of the

tax and shall not be issued any ticket;

(2) that where members of the armed forces, their families and

their guests are admitted to a performance organized and

produced exclusively for members of the armed forces under the

orders of the Government of India then the aforesaid persons

shall be exempted from payment of the tax

(3) that the Chairman and Members of the Central Board of Film

Censors, the Regional Officers of the Central Board of Film

Censors, Madras, Calcutta, the Assistant Regional Officers,

Bombay and the Members of the Advisory Panel, Bombay,

Calcutta and Madras, of the said Board, shall be exempt from the

payment of the entertainment tax on complimentary tickets which

may be issued to them by the. exhibitors to facilitate their entry

into a licensed cinema for the purpose of satisfying themselves

that the provisions of the Cinematograph (Censorship) Rules,

1951, are being carried out.

(4) that the representatives of the Films Division, Ministry of

Information and Broadcasting, Government of India, Bombay,

shall be exempt from the payment of the entertainment tax on the

complimentary tickets issued to them by the exhibitors to facilitate

their entry into a licensed cinema for the purpose of ensuring the

observance of the terms and conditions of the contract entered

into by the exhibitors with the President of India regarding the

supply and exhibition of approved films, provided the persons

concerned are accredited representatives of the Films Division

and bear

Provision as to

persons admitted

without payment.

561

permits or certificates to that effect and have filed copies

thereof with the Government.

19.

A person who has been admitted to an entertainment

in respect of which the tax due is payable in accordance' with

the provisions of sub-section (2) of section (5) of the Act shall

upon demand made during the course of or immediately before

or after the entertainment, produce to any officer authorised

under section 9 of the Act, the ticket, badge, card of

membership, voucher or document by means of which he was

admitted, or a portion of the.' ticket by means of which he was

admitted, or the stamped cover of the book or the stamped

principal part of the sheet from which the ticket, by means of

which he was admitted, was taken.

20.

(1) Any officer duly empowered in this behalf by the

Government may at any time require the proprietor/manage

ment to produce for inspection all his books and records, and

all tickets or portions of tickets in his possession, relating to the

entertainment. Such officer can seize and take in his

possession all such records, books, tickets or portions of

tickets, etc. relating to such entertainments as he may consider

necessary in case he suspects evasion of tax or any

irregularity.

(2) Under the provisions of this rule every District Collector is

hereby empowered to call upon the proprietor/management of

an entertainment held in his district to produce for inspection all

his books, records and all tickets or portions of tickets in his

possession relating to such entertainment.

21.

Every proprietor/management shall submit to Government a

return of the monthly collections in Form "G." Such return shall

be submitted in the first week of the subsequent month.

22. In case there is any doubt about the interpretation of

any of these rules, the decision of the Government shall be

final.

Production of tickets.

Inspection of books

etc.

Return of collections.

Interpretation.

562

FORM-A

(See rule 7)

Challan No......... Name of Cinema............_..................

Name of Town....._...........................

(To be filled in by the proprietor/management and submitted in duplicate)

Day & Show Class Sl No. of tickets. Total No. of tickets.

Signature of Proprietor

Manager sending the tickets.

Received by... ...................... ......

Date... Designation ...................... ............

Office seal.. .

Date ........... ..

FORM...B (See sub-rule (I) of rule 8) Requisition (To be submitted by proprietor/management (in

duplicate) after filling up columns 1-8)

For Government use only

Sl Class Day & Number of Number of Rate of ente- Amount of B.R. No. Sl. No. of tickets Remarks

No show tickets

re- Books rtainment entertain- & date Total No.

quired tax ment tax

From

of tickets -

1 2

5 6 7 8 9 10 11 12

3

-

Name of Cinema and Town

Signature of Proprietor/Manager of entertainment.

Date: Signature of Official issuing the tickets

Date: Signature of person receiving

the tickets.

Date:

FORM-C

( See sub-rule (1) of rule 9 )

Register of tickets

Stock of tickets Tickets issued Date of receipt 'Challan number' From To No. of Books From To No. of Books Date of issue

2 3 4 , 5 6 7 8 9

Amount of Tax Balance of tickets

10 11 12

To No. of Books

13 14

Signature of issuing official

Signature of Officer concerned

Remarks amount received B.R. No. & date From

15 16 17

FORM-D

(See sub-rule (2) of rule 12)

Name of Cinema and Town-

Statement of unsold tax-free tickets to be returned to Government by the proprietor/management of an entertainment.

(To be submitted in duplicate) Sl Sl. number of tickets Total No Sl. number of tick- Total No. Sl. No. of tickets re- No. Class received from Gover- of unsold turned to Govern- . nment of tickets ets sold tickets ment From To From To From To 1 2 3 4 5 6 7 8 9 10

Total No. Remarks of unsold tickets re- turned 11 12

Signature of proprietor / management

Date:

Signature of receiving official

Date:

FORM-E

(See sub-rule (2) of rule 12)

Register of tax free tickets

Date of issue of tickets 1

Sl. number of tickets issued Total No.

of Books

Balance of tickets returned to

Government by the Cinema

From

To

5 6

Total No'

Signature of

of Books issuing officer

Signature of the officer concerned

From

2

To

3 4 7 8 9

Name of Cinema-Name of Town

Form-F (See sub-rule (3) of rule 12) Account of daily collection in respect of tax free tickets. Date of performance- Day

Name of show Time

Sl. No. Class Sl. number of tickets sold T. No. of Rate of Total collection made during the show Remarks From To tickets sold tickets Rs. np. 1 2 3 4 5 6 7 . 8 9 .

Certified that I have checked the above account

and found it correct.

Signature of proprietor / manager,

Date:

FORM-G

(See rule 21)

Statement of collections made by

the month of 19

(Name of Cinema) for

(To be prepared and submitted by

the proprietor I management by

the 1st week of every month)' Sl. Class Total No. of tic- Rate of one tick- Total amount Allocation Remarks kets sold during et including tax Admission fee Entertainment tax . No. the month Rs np. Rs. 'np. Rs. np. 1 2 3 4 5 6 7 8 9 10 11

Grand Total:

Signature of proprietor/manager.

Date:

"

566

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

GANGTOK

Notification No. 1/ LSGHD. Dated Gangtok, 'the 11th April, 1984.

In exercise of the powers conferred by sub-section (1) and sub-section(3)

of section 3A and sub-section (1) of section 3B of the Sikkim Entertainment Tax Act, 1980

(No.8 of 1980), the State Government hereby specifies that the entertainment tax in lump-

sum as mentioned in column (2) of the table below shall be paid to the Secretary, Local Self

Government &, Housing Department by a Bank Receipt of the State Bank of Sikkim besides

security deposit to the extent specified in column 3 of the said table.

THE TABLE

1

Amount of entertainment tax payable in lump-sum

2

Security deposit Area

3

1. Gangtok Rupees Two Thousand per

month

Rupees Two Thousand

2. Singtam, Namchi, Gyalzing,

Rangpo, Rhenock,

Nayabazar, Jorethang,

Rongli and Melli

Rupees One Thousand Five

hundred per month

Rupees Two Thousand

3. Other places in Sikkim Rupees Five hundred per

month Rupees Two Thousand

The entertainment tax payable as specified in column (2) of the table shall be

deposited in advance for every following month but not later than the last day of

every preceeding month.

567

RURAL DEVELOPMENT DEPARTMENT

GOVERNMENT OF SIKKIM

Notification No.1 (47A) -RW P75-76/Pl/RDD/5047

Dated Gangtok, the 19th October .1982

THE SIKKIM PANCHAYAT ELECTION

RULES 1982

GOVERNMENT OF SIKKIM

RURAL DEVELOPMENT DEPARTMENT

No.1 (47A) NOT/RW/75-76 (PI)/RDD-5047 Dated

Gangtok, The 19th October, 1982.

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 6; sub-section (1) of

101, section 118 of the Sikkim Panchayat Act, 1982 (3 of 1982) 'and all other powers the

Government of Sikkim hereby makes the following rules to provide for the conduct of

elections to Gram Panchayat and to provide for matters connected therewith and incidental

thereto:

PART 1

Preliminary

1. Short title and commencement.-(l) These rules may be called the Sikkim Panchayat

Election Rules 1982.

(2) They shall come into force at once.

2. Interpretation-(l) In these rules, unless the context otherwise requires:

(a) 'Act' means the Sikkim Panchayat Act, 1982. (Act No.3 of 1982)

(b) 'Ballot Box' includes any box or other receptacle used for insertion of ballot

papers by voters;

(c) 'Candidate' means a person who has been or claims to have been duly nominated as

a candidate at any election

(d) 'Contesting Candidate' means a candidate whose nomination has been found valid

on scrutiny and who has not withdrawn his candidature in accordance with the provisions

of these rules;

568

(e) 'Corrupt Practices' means a corrupt practice as defined in sub-section (2) of section

102 of the Act;

(f) 'Counterfoil' means the counterfoil attached to a ballot .paper -printed under

the provisions of these rules;

(g) 'Counting Agent' means an agent appointed by the candidate or his election

agent under the provisions of these rules;

(h) 'Director of Panchayat election' means the officer of the State Government

appointed as such under rule 3;

(i) 'Election' election means elections to a Gram Panchayat from a Panchayat Ward;

(j) 'Elector' elector in relation to an election of a member or members from a Panchayat

Ward, means any person entitled to vote at that election;

(k) 'Electoral Roll" means the electoral roll of a Panchayat Ward as prepared in terms of

sub-section (2) of section 6, and consisting of those persons whose names are

included in the electoral roll of the Sikkim Legislative Assembly for the time being in

force pertaining to the area comprised in the Panchayat Ward;

(l) "Electoral Roll Number" of a person means

(i) the serial number- of the entry in the electoral roll in respect of

that person;

(ii) the name of the Panchayat Ward to which the electoral roll relates;

(m) 'Form' means a Form appended to these rules and includes a translation thereby

in 'any of the languages used for the official purposes of the State of Sikkim;

(n) 'Marked Copy of the electoral roll' means a copy of the electoral roll set apart for the

purposes of marking the names of the electors to whom ballot papers are issued at

an election;

(o) 'Panchayat Ward' means a ward of Gram Panchayat as determined by the

State Government under the provisions of sub-section (2) of section 3;

(p} 'Polling Agent' means a polling agent appointed by a candidate or his election

agent under the provisions of these rules;

(q) 'Polling Station' means the place fixed for taking the poll under Rule 10;

(r) 'Presiding Officer' includes any polling officer performing any of the functions

of Presiding Officer under the provisions of these rules;

569

. (s) 'Returning Officer' . includes any Assistant Returning Officer performing any of the

functions of the Returning Officer which he is authorised to perform under the

provisions of these rules;

(t) 'Schedule' means the schedule appended to these rules;

(u) 'Section' means a section of the Act;

(v) 'Service Voter' means

(i) any person having service qualification as defined in sub-section (8) of section 20 of

the Representation of Peoples Act, 1950 (Central Act No. 43 of 1950) and whose

name is entered in the electoral roll of the Sikkim Legislative Assembly for the time

being in force;

(ii) the wife of any such person referred to in clause (i) whose name is also

entered in the electoral roll of the Sikkim Legislative Assembly;

(w) 'Voter on election duty' means any polling agent, polling officer, Presiding Officer or

other public servant, who is an elector in the Panchayat Ward and is by reason of his

being on election duty unable to vote at, the polling station where he is entitled to

vote.

(2) For the purposes of these rules, a person who is not able to write his name shall,

unless otherwise expressly provided in these rules be deemed to have signed an

instrument or other paper if

(a) he has placed a mark on such instrument or other paper in the presence of the

Returning Officer or the Presiding Officer or such other officer as may be specified in

this behalf by the Director of Panchayat Elections, and

(b) such officer on being satisfied as to his identity has attested the mark as being

the mark of that person.

(3) Any of the expressions not defined in these rules but defined in the Act shall

have the same meaning as in the Act.

PART: II

GENERAL PROVISIONS & ADMINISTRATIVE MACHINERY FOR

CONDUCT OF ELECTIONS

3. Director of Panchayat Elections

The superintendence, direction, control and the conduct of an elections to Gram

Panchayat shall vest in the Director of Panchayat Elections who shall

570

be such officer of the Government as the State Government may designate or

nominate.

4. Right to vote to a Panchayat Ward

(1) No person who is not, and except as expressly provided by these rules every person

who is for the time being entered in the electoral roll of a Panchayat Ward shall be

entitled to vote at an election in the wards.

(2) No person shall vote at a Gram panchayat election in more than one Pan

chayat Ward, and if a person votes in more than one such ward his vote in all such

wards shall be void.

(3) . No person shall at any Gram Panchayat election vote in the same Panchayat Ward

more than once, notwithstanding that his name may have been registered in the

electoral roll for that ward more than once, and if he does so vote, all his votes in

that ward shall be void.

(4) No person shall vote at any Gram Panchayat election if he is confined in a

prison whether under a sentence of imprisonment or transportation or otherwise, or

is in the lawful custody of the police:

Provided that nothing in this sub-rule shall apply to a person subjected to preventive

detention under any law for the time being in force.

5. Method of voting.

In a Panchayat Ward where more than. one member is to be elected every elector

shall have as many votes as there are members to be elected, but no elector shall

give more than one vote to anyone candidate.

6. General Duty of District Collector- Subject to the Superintendence, direction and control

of the Director of Panchayat Elections the District Collector shall coordinate and

supervise all work in the district under his jurisdiction in connection with the conduct of all

elections to the Gram Panchayats.

7. Returning Officer- For every Panchayat Ward, the Director of Panchayat Elections shall, in

consultations with the State Government, designate or nominate a Returning Officer who

shall be an officer of Government;

Provided that nothing in this rule shall preclude the Director of Panchayat Elections

from designating or nominating the same. officer to be the Returning Officer for more

than one Panchayat Ward.

8. Assistant Returning Officer- (1) The Director of Panchayat Elections may appoint one or

more persons to assist any Returning Officer in the performance of his functions;

571

Provided that every such person shall be an Officer of Government.

(2) Every Assistant Returning Officer shall, subject to the control of the Returning

Officer, be competent to perform all or any of the functions of the Returning Officer;

Provided that no Assistant Returning Officer shall perform any of the functions of

the Returning Officer which relate to the scrutiny of nominations unless the

Returning Officer is unavoidably prevented from performing the said function.

9. General duty of the Returning Officer- It shall be the General duty of the Retuning Officer

at any election to do all such acts and things as may be necessary for effectively

conducting the election in the manner provided under these Rules.

10. Polling Stations- The District Collector shall with the previous approval of the Director of

Panchayat Elections provide sufficient number of polling stations for every Panchayat

Ward in his district and shall publish in such a manner as the Director of Panchayat

Elections may direct a list showing the polling stations so provided and the polling areas

or groups of electors for which they have respectively been provided.

11. Appointment of Presiding Officers and Polling Officers

(I) The Returning Officer shall appoint a Presiding Officer for each polling station and

such other Polling Officer or officers to assist the Presiding Officer as he thinks

necessary, but shall not appoint any person who has been employed by or on

behalf of, or has been otherwise working for a candidate in or about the election as

a Presiding Officer or a Polling Officer:

Provided that if any Polling Officer is absent from the Polling Station. the Presiding

Officer may appoint in his place any person who is present at the Polling station other

than a person who has been employed by or on behalf, or has been otherwise working

for a candidate in or about the election, to be the Polling Officer and shall when such

appointment is made inform 'the Returning Officer accordingly:

Provided further that nothing in this sub-rule shall prevent the, Returning Officer from

appointing the same person to be the Presiding Officer for more than one polling station

in the same premises:

(2) A Polling Officer shall, if so directed by the Presiding Officer, perform all or

any of the functions of a Presiding Officer under these rules.

(3) If the Presiding Officer, owing to illness or for other unavoidable cause, is

obliged to absent himself from the polling station his functions shall be per

572

formed by such Polling Officer as has been previously authorised by the Returning

Officer to perform such functions under any such absence.

12. General Duty of Presiding Officer- It shall be the general duty of the Presiding Officer at

a Polling Station to keep order thereat and to see that the poll is fairly taken.

PART III-CONDUCT OF ELECTIONS

CHAPTER I-NOTIFICATIONS OF ELECTIONS AND

NOMINATIONS OF CANDIDATES

13. Notification of General Election to Gram Panchayats.

(1) An election shall be held for the purpose of constituting a new Gram Panchayat for

the first time or on the expiration of duration of the existing Gram Panchayat or on

its dissolution;

(2) For the said purposes, the State Government shall by one or more notification

publish in the official gazette on such date or dates as may be fixed and notified in

this behalf, call upon all the Panchayat Wards to elect members in accordance

with the provisions of the Act and the rules and orders made thereunder.

14. Appointment of dates for nominations etc-As soon as the notification calling upon a

panchayat ward to elect a member or members is issued the Director d Panchayat

Elections shall, by notification published in the official gazette, appoint

(a) the last date for making nominations, which shall be the seventh day after the date

of publication of the first mentioned notification or if that day is a public holiday.

the next succeeding day which is not a public holiday;

(b) the date for the scrutiny of nominations, which shall be the day immediately,

following the last date for making nominations or, if that day is a public holiday,

the next succeeding day which is not a public holiday;

(c) the last date for the withdrawal of candidatures, which shall be the second day after

the date for the scrutiny of nominations or if that day is a public holiday, the next

succeeding day which is not a public holiday;

(d) the date or dates on which a poll shall, if necessary, be taken, which or the first of

which shall be a date not earlier than the twentieth day after the last date for the

withdrawal of candidatures;

(e) the date before which the election shall be completed.

573

15. Public notice of Elections-On the issue of a notification under rule 14, the Returning

Officer shall give public notice of the intended elections in Form 1 inviting nominations of

candidates for such election and specifying the place at which the nomination papers

are to be delivered and subject to any direction of the Director of Panchayat Elections.

such public notice shall be published in such manner as the Returning Officer thinks fit.

16. Fixing time for' poll-The Director of Panchayat Elections shall fix the hours during which

the poll will be taken, and the hours so fixed shall be published by notification in the

Official Gazette.

Provided that the total period allotted on any day for polling at a polling station shall

not be less than eight hours.

17. Nomination of Candidate- Any person may be nominated as a candidate for election to

fill a seat specified for in a Panchayat Ward if his name is included in the electoral roll of

that ward and he is not otherwise disqualified under the provisions of the Act.

18. Presentation of nomination papers and requirements for valid nominations-( I) On or

before the last date appointed under clause (a) of rule 14 each candidate shall either in

person or by his proposer deliver to the Returning Officer during the time and the place

specified in this behalf in the notice issued under rule 15, the nomination papers duly

completed and signed by the candidate and by an elector of the Panchayat. Ward as a

proposer.

(2) Any person whose name is entered in the electoral roll of the Panchayat Ward for

which the candidate is nominated and who is not otherwise disqualified, may

subscribe as proposer.

(3) Every nomination paper presented to the Returning Officer shall be in Form 2. (4) No

candidate shall be prevented from being nominated by more than one nomination paper

for the election in the same Panchayat Ward.

Provided that not more than four nomination papers shall be presented by or on

behalf of any candidate or accepted by the Returning Officer for the election.

(5) On the presentation of a nomination paper, the Returning Officer shall satisfy

himself that the .names and electoral roIl number of the candidate and his proposer

as entered in the nomination papers are the same as those entered in the electoral

roIl of the Panchayat Ward for the time being in force.

19 Choice of Symbols-(I) A candidate for the election from any Panchayat Ward shall

choose and shall be allotted one of the symbols specified in the Table of the Schedule.

574

(2) If more contesting candidates than one have indicated their preference for the same

symbol, the Returning Officer shall decide by lot to which of those candidates the

symbol be allotted.

(3) The allotment by the Returning Officer of any symbol to a candidate shall be final.

(4) Every candidate or his election agent shall be informed of the symbol allotted to the

candidate and be supplied with a specimen thereof by the Returning Officer.

20. Deposits-(l) A candidate shall not be deemed to be duly nominated for election from a

Panchayat Ward unless he deposits or causes to be deposited in cash with the

Returning Officer a sum of Rupees Twenty five or where the candidate is a member of a

Scheduled Caste or Scheduled Tribe, a sum of Rupees Fifteen

Provided that where a candidate has been nominated by more than one nomination

paper for election not more than one deposit shall be required under the rule.

(2) The deposit made under sub-rule (1) shall either be returned to the person making it

or his legal representative or be forfeited to the State Government in accordance

with the provisions of this rule.

(3) Except in cases hereinafter mentioned, deposits shall be returned as soon as

practicable after the result of the election is declared.

(4) If the candidate is not shown in the list of contesting candidates, or if he dies before

the commencement of the poll, the deposit shall be returned as soon as

practicable after the publication of the list or after his death, as the case may be.

(5) Subject to the provision of sub-rule (4), the deposit shall be forfeited if at an election

where a poll has been taken, the candidate is not elected and the number of valid

votes polled by him does not exceed one sixth of the total number of valid votes polled

by all the candidates

.

21. Notice of Nomination- The Returning Officer shall, on receiving the nomination paper

under sub-rule (1) of rule 18 from the persons delivering the same, enter on the

nomination paper its serial number, and shall sign thereon a certificate stating the date

on which and the hour at which the nomination paper has been delivered to him, and

shall as soon as may be thereafter, cause to be affixed in Form 3 in some

conspicuous public place a notice of the nomination containing descriptions similar to

those contained in the nomination paper both of the candidates and of the proposer.

575

22. Scrutiny of Nominations.-(1) On the date fixed for the scrutiny of nominations under rule

14, the candidates, their election agents, and one proposer of each candidate, but no

other person, may attend at the time and place appointed in this behalf in the public

notice under rule 15 and the Returning Officer shall give them all reasonable facilities for

examining the nomination papers of all candidates which have been delivered within the

time and in the manner as specified.

(2) The Returning Officer shall then examine the nomination papers and shall decide all

objections which may be made to any nomination and may either on such objection

or on his own motion, after such summary enquiry. if any. as he thinks .necessary or

elect any nomination on any of the following grounds, namely

(a) that the candidate is disqualified for being chosen to fill the seat by or

under the Act;

(b) that the candidate or the proposer is not elector of the Panchayat Ward concerned;

(c) that there has been a failure to comply with any of the provisions of rules 18 & 20;

and

(d) that the signature of the candidate or of the proposer on the nomination paper is not

genuine.

(3) Nothing contained in clause (c) or clause (d) of sub-rule (2) shall be deemed to

authorize -the rejection of the nomination of any candidate on the ground of any

irregularity in respect of a nomination paper, if the candidate has been duly

nominated by means of another nomination paper in respect of which no irregularity

has been committed.

(4) The Returning Officer shall not reject any nomination paper on the ground of any

defect which is not of substantial character.

(5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf

under clause (b) of rule 14 and shall not allow any adjournment of the proceedings

except when such proceedings are interrupted or obstructed by riot, or open

violence or by causes beyond his control;

Provided that in case any objection is raised by the Returning Officer or is made by

any other person, the candidate concerned may be allowed time to rebut it not later than

the next day, following the date fixed for scrutiny and the Returning Officer shall record his

decision on the date to which the proceedings have been adjourned.

(6) The Returning Officer shall endorse on each nomination paper his decision accepting '

or rejecting the same and, if the nomination paper is rejected, shall record

in writing a brief statement of his reasons for such rejection.

576

(7) Immediately after all the nomination papers have been scrutinized and decisions

accepting or rejecting the same have been recorded the Returning Officer shall

prepare a list in Form 4 of validly nominated candidates, that is to say, candidates

whose nominations have been found valid, and affix it on the notice board.

23. Withdrawal of Candidature.-(l) Any candidate may withdraw his candidature by a notice

in writing which shall be subscribed by him and delivered before 3 O’clock in the afternoon

on the day fixed under clause (c) of rule 14 to the Returning Officer either by such candidate

in person or by the election agent or his proposer who has been authorised in this behalf in

writing by such candidate.

(2) No person who has given a notice of withdrawal of his candidature under sub-rule

(1) shall be allowed to cancel the notice.

(3) A notice of withdrawal of candidature under sub-rule (1) shall be in Form 5

and shall contain the particulars set out therein, and on receipt of such

notice the Returning Officer shall note thereon the date and the time on

which it was delivered

.

(4) The Returning Officer shall, on being satisfied as to the genuineness of notice of

withdrawal and the identity of the person delivering it under sub-rule(1)cause a

notice in Form 6 to be affixed in some conspicuous place in his office

24. Preparation and Publication of list of contesting Candidates.

(1) Immediately after the expiry of the period within which candidature may be

withdrawn under .sub-rule (1) of rule 23, the Returning Officer shall prepare a list

of contesting candidates.

(2) The list of contesting candidates shall be in Form 7 and shall contain the

particulars set out therein and shall be prepared in such language or languages

as the Director of Panchayat Elections may direct.

(3) The names of candidates in the list of contesting candidates shall be arranged in

alphabetical order and if the list is prepared in more languages than one, the

names of candidates therein shall be arranged alphabetically according to the

script of. each one of those languages as the Director of Panchayat Elections

may direct.

(4) The Returning Officer shall cause a copy of the list of contesting candidates

to be affixed in some conspicuous place in his office and if poll becomes

necessary the Returning Officer shall supply a copy of the list of contesting

candidates to each such candidate or his election agent and then shall all'

publish. the list in the Official Gazette.

577

CHAPTER II

CANDIDATES AND THEIR AGENTS

25. Appointment and revocation of election agent.-( 1) A candidate at an election may

appoint anyone person other than himself to be his election agent

Provided that any person who is for the time being disqualified under the Act for

being a member of Gram Panchayat or for 'voting at election shall, so long as the

disqualification subsists, also be disqualified for being an election agent at any

election.

(2) The Appointment of an election- agent shall be made in Form 8 and the notice of

such appointment shall be given by forwarding the same in duplicate to the

Returning Officer who shall return one copy thereof to the election agent after

affixing thereon his seal and signature in token of approval of the appointment.

(3) The candidate may revoke the appointment of his election agent at any time and

such revocation of the appointment of election agent shall be made in Form g and

shall be operative from the date on which it is lodged with the Returning Officer

(4) In the event of such a revocation or of death of an election agent whether that event

occurs before or during the election, the candidate may appoint another person to

be his election agent in the manner specified in sub-rule (1) and when such

appointment is made notice of the appointment shall be given in the manner

specified in the said sub-rule.

26.

Appointment and revocation of polling agent.-(l) A contesting candidate for the

election or his election agent may appoint in writing to be delivered to the Presiding

Officer one person to act as his polling agent and two relief agents at each polling

station and such appointment shall be made in Form 10.

(2) No polling agent shall be admitted into the polling station unless he has been duly

appointed under sub-rule (I) and he has delivered to the Presiding Officer the letter

of his appointment.

(3) The revocation of the appointment of a polling agent shall be made in Form 11 and

lodged with the Presiding Officer.

27.

(4) In the event of any such revocation, the candidate or his election agent may at any

time before the poll is closed, make a fresh appointment in the manner specified in

sub-rule (1).

Functions of Election Agents and Polling Agents. -(1) An election agent may perform

such functions in connection with the election as are authorised by or under the Act

and the rules to be performed by an election agent.

578

(2) A polling agent may perform such functions in connection with the poll as are

authorised by or under these rules to be performed by a polling agent.

CHAPTER III

POSTAL BALLOT

28. Person entitled to vote by post.- The following persons at an election in a Panchayat

Ward shall, subject to their fulfilling the requirements hereinafter specified, be entitled to

vote by post, namely

(i) Service voters;

(ii) Voters on election duty; and

(iii) Electors subjected to preventive detention.

29. Intimation by Voters on Election duty.-(l) A voter on election duty who wishes to vote by

post at an election shall send an application in Form 12 to the Returning Officer so as to

reach him at least seven days or such shorter period as the Returning Officer may allow

before the date of poll; and if the Returning Officer is satisfied that the applicant is a

voter on election duty, he shall issue a postal ballot paper to him,

(2) Where such voter, being a Polling Officer, Presiding Officer or other public servant

on election duty in a Panchayat Ward of which he is an elector, wishes to vote in

person at the election and not by post he shall send an application in Form 12A to

the Returning Officer so as to reach him at least four days, or such shorter period

as the Returning Officer may allow, before the date of poll; and if the Returning

Officer is satisfied that the applicant is such public servant and- voter on election

duty in the Panchayat Ward; he shall

(a) issue to the applicant an election duty certificate in Form I2B;

(b) mark 'EDC' against his name in the marked copy of the electoral roll

to indicate that an election duty certificate has been issued to him; and

(c) ensure that he is not allowed to vote at the polling station where he

would otherwise have been entitled to vote.

30. Electors under preventive detention.-(l) The State Government shall, within 15

.days of the calling of an election. ascertain and intimate to the Returning officer the

names of the electors, if any, subjected to preventive detention together with their

addresses and electoral roll numbers and the particulars about their places of detention,

579

(2) Any elector subjected to preventive detention

calling of an election, send an intimation to

wishes to vote by post, specifying his name, and

place of detention.

may, within 15 days of the

the Returning Officer that he

address, electoral roll number

(3) The Returning Officer shall issue postal ballot paper to every elector subjected to

preventive detention whose name has been intimated to him under sub rule (1) or

under sub-rule (2).

31. Form of postal ballot paper-(l) Every postal ballot paper shall have a counterfoil attached

thereto, and the said ballot paper and the counterfoil shall be in such form, and the

particulars therein shall be in such language or languages, as the Director of Panchayat

Election may direct.

(2) The names of the candidates shall be arranged on the postal ballot paper

in the same order in which they appear in the list of contesting candidates.

(3) If two or more candidates bear the same name, they shall be distinguished

by the addition of their occupation or residence or in some other manner.

32. Issue of Ballot Paper-(l) A postal ballot paper shall be sent by post under

certificate of posting to the elector together with

(a) a declaration in Form 13 A;

(b) a Cover in Form 13 B;

(c) a large cover addressed to the Returning Officer in Form 13 C; and

(d) instructions for the guidance of the elector in Form 13 D.

Provided that the Returning Officer may, in the case of an elector under preventive

detention or a voter on election duty, deliver the ballot paper and forms, or cause them

to be delivered, to such voter personally.

(2) The Returning Officer shall at the same time

(a) record on the counterfoil of the ballot paper the electoral roll number

of the elector as entered in the marked copy of the electoral roll.

(b) mark the name of the elector in the marked copy of the electoral roll to indicate

that a ballot paper has been issued to him, without however, recording therein the

serial number of the ballot paper issued to that elector; and

(c) ensure that the elector is not allowed to vote at the polling station.

(3)Every officer under whose care or through whom a postal ballot paper is sent.

shall ensure its delivery to the addresses without delay.

580

(4) After ballot papers have been issued to all electors entitled to vote by post the

Returning Officer shall seal up in a packet that part of the marked copy of the electoral

roll which relates to service voters and record on the packet a brief description of its

contents and the date on which it was sealed and send the other relevant parts of the

marked copy to the several Presiding Officers for marking the names of electors to

whom ballot papers are issued at the polling stations without however, recording

therein the serial numbers of the ballot papers issued to the electors.

(5) The Returning Officer shall also seal up in a separate packet the counterfoils of

the ballot papers issued to electors entitled to vote by post and record on the

packet a brief description of its contents and the date on which it was sealed.

33. Recording of Vote -(1) An elector who has received a postal ballot paper and desires to

vote shall record his vote or votes on the ballot paper in accordance with the directions

contained in Part 1 of Form 13D and then enclose it in the cover in Form -13B.

(2) The elector shall sign the declaration in Form 13A in the presence of and have the

signature attested by, a stipendiary magistrate r such other officer specified

below, as may be appropriate, to whom he is personally known or to whose

satisfaction he has been identified.

(a)in the case of a service voter such officer as may be appointed in this

behalf by the Commanding Officer of the unit, ship or establishment in

,which the voter or her husband, as the case may be, is employed or such

officer as may be appointed in this behalf by the diplomatic or consular

representative of India in the country in which such voter is resident;

(b) In the case of a voter on election duty, any gazetted officer or the Presiding

Officer of the polling station at which he is on election duty;

(c) in the case of an elector under preventive detention the Superintendent of

the Jail or the Commandant of the- detention camp in which the elector is

under detention; and

(d) in any other case, such officer

the State Government. as may be notified in this behalf by

Explanation- An honorary magistrate shall not be competent to attest any

ballot paper and a member of the Parliament or State Legislative Assembly will not

be deemed to be a gazetted officer for the purposes of attestation of postal ballot

paper.

58l

34. Assistance to illiterate or infirm voters.-If an elector is unable through illiteracy, blindness,

or other physical infirmity to record his vote on a postal ballot paper and sign the

declaration, he shall take the ballot paper, together with the declaration and the covers

received by him to an officer competent to attest his signature under sub-rule (2) of rule

34 and request that officer to record his vote and sign his declaration' on his behalf.

(2) Such officer shall thereupon mark the ballot paper in accordance with the wishes of

the elector in his presence, sign the declaration on his behalf and complete the

appropriate certificate contained in Form l3A.

35. Re-issue of ballot papers.- (I) When a postal ballot paper and other papers sent under

rule 32 are for any reason returned undelivered" the Returning Officer may re-issue

them by post under certificate of posting or deliver them or cause them to be delivered

to the elector personally on a request being made by him.

(2) If any elector has inadvertently dealt with the ballot paper or any of the other papers

sent to him under rule 32 in such a manner that they cannot conveniently be used, a

second set of the papers shall be issued to him after he has returned the spoiled

papers and satisfies the Returning Officer of the inadvertence.

(3) The Returning Officer shall cancel the spoilt papers so returned and keep them in a

separate packet after noting thereon the particulars of the election and the serial

numbers of the cancelled ballot papers.

36. Return of Ballot Paper.- (1) After an elector has recorded his vote and made his

declaration under rule 33 or rule 34 he shall return the ballot paper and declaration to

the Returning Officer in accordance with the instructions communicated to him in Part II

of Form 13D so as to reach the Returning Officer before the hour fixed for

commencement of counting of votes.

(2) If any cover containing a postal ballot paper is received by the Returning Officer

after the expiry of the time fixed in sub. rule (I) he shall keep all such covers

together in a separate packet.

(3) The Returning Officer shall keep in safe custody until the commencement of

the counting of votes all covers containing postal ballot papers received by him.

582

CHAPTER IV

GENERAL PROCEDURE

37. Death of Candidate before poll-If a candidate whose nomination has been found valid on

scrutiny under rule 22 and who has not withdrawn his candidature under rule 23 dies

and a report of his death is received before the publication of the list of contesting

candidates under rule 24 for if a contesting candidate dies and a report of his death is

received before the commencement .of the Poll, the Returning Officer shall, upon

being satisfied of the fact of death of the candidate, countermand the poll and report

the fact to the State Government and the Director of Panchayat Elections and all

proceedings with reference to the election shall be commenced anew in all respects

as if for a new election;

Provided that no further nomination shall be necessary in the case of a person

who was a contesting candidate at the time of the countermanding of the poll:

Provided further that no person who has given a notice .of withdrawal of his

candidature under rule 23 before the countermanding .of the poll shall be ineligible

for being nominated as a candidate for election after such countermanding.

38. Procedure in contested and uncontested elections. -(1) If the number of contesting

candidates is more than the number of seats to be filled, a poll shall be taken,

(2) If the number of such candidates is equal to the number .of seats to be

filled, the Returning Officer shall forthwith declare in Form 14 all such candidates

to be duly elected to fill those seats.

(3) If the number .of candidates is less than the number of seats to be filled, the

Returning Officer shall forthwith declare in Form 14 all such candidates to be

elected and send copies of declaration to the Director of. Panchayat Elections

and the State Government for taking appropriate action under sub-section (4) of

rule 6.

CHAPTER-V

VOTING PROCEDURE AT POLLING STATION

39. Manner of Voting-At every election where a poll is taken ,votes shall be given by

.

.

.

.

.

.

ballot in the manner hereinafter provided and no votes shall be received by proxy.

40. Ballot Box.-Every ballot box shall be .of such design as may be approved by

the Director of Panchayat Elections.

583

41. Form of ballot paper.-(1) Every ballot

thereto, and the said ballot paper and the

particulars therein shall be in such

Panchayat Elections may direct.

paper shall have it counterfoil attached the

counterfoil shall be in such form and language

or languages as the Director of

(2) The names of the candidates shall be arranged on the ballot paper in the same order

in which they appear in the list of contesting candidates.

(3) If two or more candidates bear the same name they shall be distinguished by the

addition of their occupation or residence or in some other manner.

42. Arrangement at polling stations.-Outside each polling station there shall be displayed

prominently

. (a) a notice, specifying the polling area the electors of which are entitled to

vote at the polling station; and

(b) a copy of the list of contesting candidates.

43. Admission to polling stations.- The Presiding Officer shall regulate the number of

electors to be admitted at anyone time inside the polling station and shall exclude there

from all persons other than

(a) polling officer;

(b) public servants on duty in connection with the election;

(c) persons authorised by the Director of Panchayat Elections;

(d) candidates, their election agents and one polling agent of each candidate at

a time;

(e) a child in arms accompanying an elector;

(f) a person accompanying a blind or infirm elector who cannot move with

out help and

(g) such other persons as the Returning Officer or the Presiding Officer may

employ for the purpose for identifying the electors.

44. Preparation of ballot boxes --(1) Every ballot box used at a polling station

shall bear labels outside marked with

(a) the serial number, if any, and the name of the Panchayat Ward

(b) the serial number and name of the polling station

584

(c) the serial number of the ballot box where more than one ballot box is used in respect

of a particular election; and

(d) the date of poll,

(2) The Presiding Officer shall immediately before the commencement of the poll satisfy

all persons present that the ballot box is empty and bears the labels referred to in

sub-rule (1).

(3) The Presiding Officer shall then close, seal and secure the ballot box in such . manner

that the slit for the insertion of ballot papers remains open and shall allow the polling

agents present to affix, if they so desire, their seals,

(4) The ballot box shall then be placed in full view of the Presiding Officer and

the polling agents.

45. Marked copy of. electoral roll.- (1) Immediately before the commencement of poll,

the Presiding Officer shall also demonstrate to the polling agents and others present

that the marked copy of the electoral roll to be used during the poll does not contain

(a) any entry other than that made in pursuance of clause (b) of sub-rule (2)'

and rule 29;

(b) any mark other than mark made in pursuance of clause (b) of sub-rule (2)

of rule 32.

46. Facilities for women voters. - (1) Where a polling station is for both men and women

electors the Presiding Officer may direct that they shall be admitted into the polling

station alternately in separate batches.

(2) 'The Returning Officer or the Presiding Officer may appoint a woman to serve as an

assistant at a polling station to assist women electors and also to assist the Presiding

Officer generally in taking the poll in respect of women electors and in particular, to help

in searching any woman elector in case it become; necessary.

47. Identification of electors. - (1) The Presiding Officer may employ at the polling station

such persons as he thinks fit to help in the identification of the electors or to assist him

otherwise in 'taking the poll.

(2) As each elector enters the polling station the Presiding Officer or the poIIing officer

authorised by him in this behalf shall check the elector's name and other particulars with

the relevant entry in the list of electors and then call out the' serial number, name and

other particulars of the elector.

585

(3) Where the electors have been supplied with identity cards, the elector shall produce

his identity card before the Presiding Officer or' the polling officer authorised by him in.

this behalf.

(4) In deciding the right of the person to obtain a ballot paper, the Presiding Officer or the

polling officer, as the case may be, shall overlook merely clerical or printing errors in an

entry in the list of electors, if he is satisfied that such person is identical with the elector

to whom such entry relates.

48. Facilities for public servants on election duty.- (I) The provisions of rule 47 shall not apply

to any person who produces at the polling station an election duty certificate in Form 12

B and asks for the issue of a ballot paper to him although the polling station is different

from the one where he is entitled to vote.

(2) On production of such certificate the Presiding Officer shall

(a) obtain thereon the signature of the person producing it;

(b) have the person's name and electoral roll number as mentioned in the certificate

entered at the end of the marked copy of the electoral roll; and

(c) issue to him a ballot paper, and permit him to vote, in the same manner as for an

elector entitled to vote at the polling station.

49. Challenging of identity.-(l) Any polling agent may challenge the identity of a person

claiming to be a particular elector by first depositing a sum of Rupees in cash with the

Presiding Officer for each challenge.

(2) On such deposit being made, the Presiding Officer shall

(a) warn the person challenged of the penalty for impersonation;

(b) read the relevant entry in the list of electors in full and ask him whether he is the

person referred to in that entry;

(c) enter his name and address in the list of challenged electors in Form 15;

(d) require him to affix his signature or thumb impression in the said list.

(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and

may for that purpose

(a) require the challenger to produce evidence in proof of the challenge and the

person challenged to produce evidence in proof of his identity;

(b) put to the person challenged any questions necessary for the purpose of

establishing identity and require him to answer them on oath;

586

(c) ,administer an oath to the person challenged and any other person offering to

give evidence.

(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been

established, he shall allow the person challenged to vote; and if he considers that the

challenge has been established he shall debar the person challenged from voting.

(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been

made in good faith he shall direct that the deposit made under sub-rule (1) be forfeited

to the State Government and in any other case, he shall return it to the challenger at the

conclusion of the inquiry.

50. Safeguards against impersonation.-(1) Every elector about whose identity the Presiding

Officer or the Polling Officer, as the case may be, is satisfied, shall allow his left

forefinger to be inspected by the Presiding Officer or the Polling Officer and an indelible

ink mark to be put on it.

(2) If any elector

(a) refuses to allow his left forefinger to be inspected or marked in accordance with

sub-rule (1) or has already such a mark on his left forefinger or does any act with a

view to removing the ink mark; or

(b) fails or refuses to produce his identity card as required by sub-rule (3) of rule

47, he shall not be supplied with any ballot paper or allowed to vote.

(3) Any reference in this rule to the left forefinger of an elector shall, in the case where

the elector has his left forefinger missing, be construed as a reference to any other

finger of his left hand, and in the case where all the fingers of his left hand are missing,

be construed as a reference to the forefinger or any other finger of his right hand, and

shall, in the case where all his fingers of both ,the hands are missing be construed as

reference to such extremity of his left or right arm as he possesses.

51. Issue of ballot papers to electors -(I) Every ballot paper before it is issued to an elector,

and the counterfoil attached thereto shall be stamped on the back with such

distinguishing mark as the Director of Panchayat Elections may direct and .every ballot

paper, before it is issued, shall be signed in full on its back by the Presiding Officer. .

(2) At the time of issuing a ballot paper to an elector the Polling Officer shall

(a) record on its counterfoil the electoral roll number of the elector as entered in the

marked copy of the electoral roll.

587

(b) obtain the signature or thumb impression of that elector on the said counterfoil;

and

(c) mark the name of the elector in the marked copy of the electoral roll to indicate

that a ballot paper has been issued to him without however recording therein the

serial number of the ballot paper issued to the elector.

Provided that no ballot shall he delivered to an elector unless he has put his

signature or thumb impression on the counterfoil of that ballot paper.

(2) Notwithstanding anything contained in sub-rule (2) of rule 2, it shall not be

necessary for any Presiding Officer or Polling Officer or any other Officer to attest

the thumb impression of the elector on the counterfoil.

(3) No person on the polling station shall note down the serial numbers of the ballot

papers issued to particular electors.

52. Maintenance of secrecy of voting by electors and others within polling station

and voting procedure-(l) Every elector to whom a ballot paper has been issued

under rule 51 shall maintain secrecy of voting within the Polling Station and for

that purpose observe the voting procedure hereinafter laid down.

(2) The elector on receiving the ballot paper shall forthwith

(a) proceed to one of the polling compartments;

(b) there make a mark or marks on the ballot paper with the instrument supplied for

the purpose on or near the symbol or symbols of such of the candidates for whom

he intends to vote;

(c) fold the ballot paper so as to conceal his vote;

(d) if required, show to the Presiding Officer the distinguishing mark on the

ballot paper;

(e) insert the folded ballot paper into the ballot box; and

(f) quit the polling station.

: Explanation - Under clause (b), an elector - may place marks on or near the symbols of

as many candidates, but not more, than the number of members to be elected at a

particular election from a Panchayat Ward.

(3) Every voter shall vote without undue delay.

(4) No voter shall be allowed to enter a polling compartment when another voter

is inside it.

588

(5) If an elector to whom a ballot paper has been issued, refuses, after warning given

by the Presiding Officer, to observe the procedure as laid down in sub-rule(2) the ballot

paper issued to him shall, whether he has 'recorded his vote thereon or not, be taken

back from him by the Presiding Officer or a polling officer under the direction of the

Presiding Officer.

(6) After the ballot paper has been taken back, the Presiding Officer shall record on its

back the words "Cancelled-Voting Procedure Violated" and put his signature below

those words.

(7) All the ballot papers on which the words "Cancelled-Voting Procedure Violated are

recorded, shall be kept in a separate cover which shall bear on its face the words

"Ballot papers; Voting Procedure Violated" and such ballot papers shall not be

counted.

53. Recording of vote of blind or infirm elector.-(l) If the Presiding Officer is satisfied that

owing to blindness or other physical infirmity an elector is unable to recognize the

symbols on the ballot paper or to make a mark thereon without assistance, the

Presiding Officer shall permit the elector .to take with him a companion of not less than

twenty - one years of age to the voting compartment for recording the vote on the

ballot paper on his behalf and in accordance with his wishes, and, if necessary, for

folding the ballot paper so as to conceal vote and inserting it into the ballot box:

Provided that no person shall be permitted to act as the companion of more than

one elector at. any polling station on the same day:

Provided further that before any person is permitted to act as the companion of an

elector on the day, the person shall be required to declare that he will keep secret the

vote recorded by him on behalf of the elector and that he has not already acted as the

companion of any other elector at any polling station on that day.

(2) The Presiding Officer shall keep a record in Form 16 of all such cases.

54. Spoilt and returned ballot papers- (1) An 'elector who has inadvertently dealt with his

ballot paper in such a manner that it cannot be conveniently used as a ballot paper

may, on returning it to the Presiding Officer and on satisfying him of the inadvertence,

be given another ballot paper, and the ballot paper so returned and the counterfoil of

such ballot paper shall be marked "Spoilt: Cancelled" by the Presiding Officer.

(2) If an elector after obtaining a ballot paper decides not to use it, he shall return it to

the Presiding Officer and the ballot paper so returned and the counterfoil of such

ballot paper shall be marked “Returned :Cancelled by the Presiding Officer

.

589

(3) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a

separate packet.

55. Tendered votes- (1) If a person representing himself to be a particular elector applies.

for a ballot paper after another person has already voted as such elector he shall, on

satisfactorily answering such questions relating to his identity as the Presiding Officer

may ask, be entitled, subject to the following provisions of this rule, to mark a ballot

paper. (hereinafter referred to as 'tendered ballot paper') in the same manner as any

other elector.

(2) Every such person shall, before being supplied with a tendered ballot paper, sign his

name or put his thumb impression against the entry relating to him in a list in Form 17.

(3) A tendered ballot paper shall be the same as the other ballot papers used at the

polling station except that

(a) such tendered ballot paper shall be serially the last in the bundle of ballot papers

issued for use at the polling station; and

(b) such tendered ballot paper and its counterfoil shall be endorsed on the back with

the words "tendered ballot paper" by the Presiding Officer in his own hand and

signed by him.

(4) The elector, after marking a tendered ballot paper in the voting compartment and

folding it. shall, instead of putting it into the ballot box, give it to the Presiding Officer,

who shall place it in a cover specially kept for the purpose.

56. Closing of poll- (1) The Presiding Officer shall close a polling station at the hour fixed in

that behalf under rule 16 and shall not thereafter, admit any elector into the polling

station:

Provided that all electors present at the polling station before it is closed shall be

allowed to cast their votes.

(2) If any question arises whether an elector was present at the polling station

before it was closed, it shall be decided by the Presiding Officer and his decision

shall be final.

57. Sealing of ballot boxes after poll- (I) As soon as practicable after the closing of the poll,

the Presiding Officer shall close the slit of the ballot box, and where the box does not

contain any mechanical device for closing the slit, he shall seal up the slit and also

allow any polling agent present to affix his seal.

(2) The ballot box shall, thereafter, be sealed and secured.

590

(3) Where it becomes necessary to use a second ballot box by reason of the first ballot

box getting full, the first ballot box shall be closed, sealed and secured as provided in

sub-rules (1) and (2) before another ballot box is put into use.

58. Account of Ballot Papers.-(1) The Presiding Officer shall at the close of the poll prepare a

ballot paper account in Form 18 and enclose it in a separate cover with the words "Ballot

Paper Account" super scribed thereon.

(2) The Presiding Officer shall furnish to every polling agent at the close of the poll a true

copy of the entries made in the ballot paper account after obtaining a receipt from the said

polling agent therefore, and shall also attest it as a true copy.

59. Sealing of other packets- (1) The Presiding Officer shall then make into separate packets

(a) the marked copy of the electoral roll;

(b) the counterfoils of the used ballot papers;

(c) the ballot papers signed in full by the Presiding Officer under sub-rule (I)

of rule 51 but not issued to the electors;

(d) any other ballot papers not issued to the electors;

(e) the ballot papers cancelled for violation of voting procedure under sub

rule (6) of rule 52;

(f) any other cancelled ballot papers;

(g) the cover containing the tendered ballot papers and the list of Form 17

(h) the list of challenged votes; and

(i) any other papers directed by the Director of Panchayat Elections to be

kept in sealed packet.

(2) Each such packet shall be sealed with the seals of the Presiding Officer and with

the seals either of the candidate or his election agent or of his polling agent who

may be present at the polling station and may desire to affix his seal thereon.

60. Transmission of ballot boxes, packets etc. to the Returning Officer-(l) The Presiding

Officer shall then deliver or cause to be delivered to the Returning Officer at such place

as the Returning Officer may direct

(a) the ballot boxes;

(b) the ballot paper account; .

(c) the sealed packets referred to in rule 59, and (d) all

other papers used at the poll.

591

(2) The Returning Officer shall make adequate arrangements for the safe transport of all

ballot boxes, packets and other papers and for their safe custody until the

commencement of counting of votes.

61. Adjournment of poll in emergencies-(1) If at an election, the proceedings at any

polling station are interrupted or obstructed by any riot or upon violence, or if at an

election it is not possible to take the poll at any polling station on account of any natural

calamity or any other sufficient cause, the Presiding Officer for such polling station shall

announce an adjournment of the poll to a date to be notified later and he shall forthwith

inform the Returning Officer concerned.

(2) Whenever a poll is adjourned under sub-rule (1) the Returning Officer shall

immediately report the circumstances to the District Collector, the Director of Panchayat

Elections and the Returning Officer shall, in consultation with the Director of Panchayat

Elections, appoint the day on which the poll shall recommence, and fix the polling station

at which, and the hours during which, the poll will be taken and shall not count the votes

cast at such election until such adjourned poll shall have been completed.

62. Procedure on adjournment of poll- (1) If the poll at any polling station adjourned

under Rule 61, the provisions of Rules 57 to 60 shall, as far as practicable,

apply as if the poll was closed at the hour fixed in that behalf under rule 16.

(2) When an adjourned poll is recommenced, the electors who have already voted at

the poll so adjourned shall not be allowed to vote again.

(3) The Returning Officer shall provide the Presiding Officer of the polling station at

which such adjourned poll is held with the sealed packet containing the marked copy of

the electoral roll and a new ballot box.

(4) The Presiding Officer shall open the sealed packet in the presence of the polling

agents present and use the marked copy of the electoral roll for marking the names

of electors to whom ballot papers are issued at the adjourned poll, without

recording therein the serial numbers thereof.

(5) The provisions of rules 39 to 60 shall apply in relation to the conduct of an

adjourned poll as they apply in relation to the poll before it was so adjourned.

63. Fresh poll in case of destruction, etc. of ballot boxes-(l) If at any election

(a) any ballot box used at a polling station is unlawfully taken out of the custody of the

Presiding Officer or the Returning Officer or is accidentally or intentionally

destroyed or is lost, or is damaged or tampered with, to such an extent that the

result of poll at the polling station cannot be ascertained, or

592

(b) . any such error or irregularity in procedure as is likely to vitiate the poll is committed

at a polling station, the Returning Officer shall forthwith report the matter to the

District Collector and the Director of Panchayat Elections,

(2) Thereupon, the Director of Panchayat Elections shall after taking all material

circumstances into account, either

(a) declare the poll at that polling station to be void, appoint a day and fix the hours

for taking a fresh poll at that polling station and notify the day so appointed

and the hour so fixed in such manner as he may deem fit; or

(b) If satisfied that the result of a fresh poll at that polling station will not, in any

way, alter the result of the election or that the error or irregularity in procedure

is not material, issue such directions to the Returning Officer as he may

deem proper for the further conduct and completion of the election.

14. Maintenance of Secrecy of Voting.-Every officer, clerk, agent or other person who

performs any duty in connection with the recording or counting of votes at an

election shall maintain and aid in maintaining the secrecy of the voting and shall

not (except for some purpose authorised by or under any law) communicate to any

person any information calculated to violate such secrecy,

PART IV '

COUNTING OF VOTES DECLARATION

CHAPTER-I

AND OF RESULTS

COUNTING OF VOTES

65. Counting of Votes-At every election where a poll is taken, votes shall be counted by or

under the supervision and direction of the Returning Officer, and each candidate, his

election agent and his counting agents, shall have a right to be present at the time of

counting.

66. Time and place for Counting of Votes - The Returning Officer shall, at least one week

before the date, or the first of the dates fixed for the poll, appoint the place or places

where the counting of votes will be done and the date and time at which the counting

of votes will commence and shall give notices of the same in writing to each candidate

or his election agents;

593

Provided that if for any reason the Returning Officer finds it necessary to do so he may

alter the date, time and place or places so fixed, or any of them, after giving notice of the

same in writing to each candidate or his election agent.

67. Appointment of counting agents and revocation of such appointment.-(l) The number of

counting agents that a candidate may appoint shall, subject to such general or special

direction as the Director of Panchayat Elections may issue in this behalf, not exceed

sixteen at the place or each of the places fixed for counting under rule 66.

(2) Every such appointment shall be made in Form 19 in duplicate, one copy of which

shall be forwarded to the Returning officer while the other copy shall be made over

to the counting agent for production before the Returning Officer not later than one

hour before the time fixed for' counting under rule 66,

(3) No counting agent shall be admitted into the place fixed for counting unless he has

delivered to the Returning Officer the second copy of his appointment under sub-

rule (2) after duly completing and signing the declaration contained therein and

receiving from the Returning Officer an authority for entry into the place fixed for

counting.

(4) The revocation of appointment of a counting agent shall be made in Form

20 and lodged with the Returning Officer.

(5) In the event of any such revocation before the commencement of the counting of

votes, the candidate or his election agent may make a fresh appointment in

accordance with sub-rule (2).

68. Functions of counting agents- A counting agent may perform such functions in

connection with the counting of votes as are authorised by or under these rules to be

performed by a counting agent.

69. Admission to the place fixed for counting- (1) The Returning Officer shall exclude

from the place of counting of votes all persons except

(a) such persons to be known as counting supervisors and counting assistants as

he may appoint to assist him in the counting;

(b) persons authorised by the Director of Panchayat Elections;

(c) public servants on duty in connection with the election; and

(d) candidates, their election agents and counting agents.

(2) No person who has been employed by or on behalf of, or has been other

wise working for, a candidate in or about the election shall be appointed under

clause (a) of sub-rule (1).

594

(3) The Returning Officer shall decide which counting agent or agents shall watch

the. counting at any particular table or group of counting tables.

(4) Any person who during the counting of votes misconducts himself or fails to:

obey the lawful directions of the Returning Officer, he may be removed from the

place where the votes are being counted by the Returning Officer or by any police

officer on duty or by any person authorised in this behalf by the Returning Officer.

70. Maintenance of secrecy at counting centre- The Returning Officer shall before the

commencement of counting read out and explain the provisions of rule 64 to such

persons as may be present.

71. Counting of votes received by post- (1) The Returning Officer shall first deal with the

postal ballot papers in the manner hereinafter provided.

(2) No cover in Form l3C received by the Returning Officer after the expiry of the time

fixed in that behalf shall be opened and no vote contained in any such cover shall

be counted.

(3) The other covers shall be opened one after another and as each cover is opened

the Returning Officer shall first scrutinize the declaration in Form 13A contained

therein.

(4) If the said declaration is not found, or has not been duly signed and attested, or is

otherwise substantially defective, or if the serial no. of the ballot paper as entered

in it differs from the serial number endorsed on the cover in Form 13B, that cover

shall not be opened, and after making an appropriate endorsement thereon, the

Returning Officer shall reject the ballot paper therein contained.

(5) Each cover so endorsed and the declaration received with it shall be replaced

in the cover in Form 13C and all such covers in Form l3C shall be kept in a

separate packet which shall be sealed and on which shall be recorded

the names of the Panchayat Ward, the date of counting and a brief description

of its contents.

(6) The Returning Officer shall then place all the declarations in Form l3A which he

has found to be in order in a separate packet which, shall be sealed before any

cover in Form 13B is opened and on which shall be recorded the particulars

referred to in sub-rule (5).

(7) The covers in Form 13B not already dealt with under the foregoing provisions of

this rule shall then be opened one after another and the Returning Officer shall

scrutinize each ballot paper and decide the validity of the votes recorded thereon

595

(8) A postal ballot paper shall be rejected

(a) If it bears any mark (other than the mark to record the vote) or writing by which

the elector can be identified; or

(b) if no vote is recorded thereon; or

(c) if votes are given on it in favour of more candidates than the number

of candidates to be elected; or

(d) if it is so damaged or mutilated that its identity as a genuine ballot

paper cannot be established; or

(e) if it is a spurious ballot paper; or

(f) if it is not returned in the cover sent along with it to the elector by

the Returning Officer.

(9) Each valid mark made on the ballot paper in favour of a candidate shall be counted

as one vote for that candidate.

. (10) A vote recorded on a postal ballot paper shall not be counted in favour of any

candidate if the mark indicating the vote is placed on the ballot paper in such a manner

as to make it doubtful to which candidate the vote has been given; but the whole ballot

paper shall not be rejected on that account.

(II) A vote recorded on a postal ballot paper shall not be rejected merely on the ground

that the mark indicating the vote is indistinct or made more than once, if the intention

that the vote shall be for a particular candidate clearly appears from the way the paper

is marked.

(12) The Returning Officer shall count all the valid votes given by postal ballot in favour

of each candidate, record the total thereof in the result sheet in Form 21 and announce

the same.

(13) Thereafter, all the valid ballot papers and all the rejected ballot papers shall be

separately bundled and kept together in a packet which shall be sealed with the seals

of the Returning Officer and of such of the candidates, their election agents or counting

agents as may desire to affix their seals thereon and on the packet so sealed shall be

recorded the name of the Panchayat Ward, date of counting of and a brief description

of its contents.

72. Scrutiny and opening of ballot boxes.-(l) The. Returning Officer may have the ballot

box or boxes used at more than one polling station opened and the ballot papers found

in such box or boxes counted simultaneously.

(2) Before any ballot box is opened at a counting table, the counting agents present at

that table shall be allowed to inspect the paper seal, if any, as might have been affixed

thereon and to satisfy themselves that it is intact.

596

(3) The Returning Officer shall satisfy himself -that none of the ballot boxes has

.in fact been tampered with.

(4) If the Returning Officer is satisfied that any ballot box has in fact been tampered

with, he shall not count the ballot papers contained in that box and shall follow the

procedure laid down in rule 63 in respect of that polling station.

73. Counting of votes :-(1) The ballot papers taken out of each ballot box shall be

arranged in convenient bundles and scrutinized. ~

(2) The Returning Officer shall reject a ballot paper

(a) if it bears any mark or writing by which the elector can be identified; or .

(b) if it bears no mark at all or, to indicate the vote, it bears a mark elsewhere than on

or near the symbols of the candidates on the face of the ballot paper or,- it bears a

mark made otherwise than with the instrument supplied for the purpose; or

(c) if 'votes are given on it in favour of more candidates than the number of candidates

to be elected; or

(d) if it is a spurious ballot paper; or

(e) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be

established; or

(f) if it bears a serial number, or is of a design, different from the serial numbers or as

the case may be, design, of the ballot papers authorised for use -the particular

polling station; or

(g) if it does not bear both the mark and the signature which it should have borne

under the provisions of sub. rule (I) of rule 51, provided that where the Returning

Officer. is satisfied that any such defect as is mentioned in clause (f)or clause (g) has

been caused by any mistake or failure on the part of the Presiding. Officer or Polling

Officer. the ballot paper shall not be rejected merely on the ground of such defect;

. Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once if. the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

. '(3) Each valid mark on the ballot paper in favour of a candidate shall counted as

one vote for that candidate.

(4) A vote recorded on a ballot paper shall not be counted in favour of any candidate

if the mark indicating the vote is placed on the ballot paper in such a

597

manner as to make it doubtful to which candidate the vote has been given, but. the whole

ballot paper shall not be rejected on the account.

(5) Before rejecting any ballot paper under sub-rule (2) or rejecting any vote under sub.

rule (4) the Returning Officer .shall allow each counting agent present a reasonable

opportunity to inspect the ballot paper but shall not allow him to handle it or any other

ballot paper.

(6) The Returning Officer shall endorse on every ballot paper which he rejects the word

"Rejected" and the grounds of rejection in abbreviated form either in his own hand or by

means of a rubber stamp and shall initial such endorsement.

(7) AIl ballot papers rejected under this rule shall be bundled together.

(8) No cover containing tendered ballot papers shall be opened and no such ballot

paper shall be counted.

(9) After the counting of ballot papers contained in all the ballot boxes used a' the polling

station has been completed,

(a) the counting supervisor shall fill in and sign Part II, Result of counting in Form 18

which shall also be signed by the Returning Officer and the Returning Officer shall

make entries in a result sheet in Form 21 and announce the particulars.

74. Sealing of used ballot papers-The valid ballot papers and the rejected ballot papers

shall thereafter be bundled separately and the several bundles made up into a separate

packet which. shall be sealed with the seals of the Returning Officer and of such of the

candidates, their election agents or counting agents as may desire to affix their seals

thereupon and on the packets so sealed shall be recorded the following particulars,

namely

(a) the name of the panchayat ward,

(b) the particulars of the polling station where the ballot papers have been used,

and

(c) date of counting.

75. Counting to be continuous.- The Returning Officer shall as far as practicable, proceed

continuously with the counting and shall during any intervals when the counting

has to be suspended keep the ballot papers, packets and all other papers relating

to the election sealed with his own seal and the seals of such candidates or election

agents as may desire to affix their seals and take sufficient precaution

for their safe custody during such intervals.

598

76. Recommencement of counting after fresh poll-(l) If a fresh poll is held under rule 63, the

Returning Officer shall, after completion of that poll, recommence the counting of votes

on the date and at the time and place which have been fixed in that behalf and of

which notice has been previously given to till candidates and their election agents.

(2) The provisions of rules 73 and 74 shall apply so far as may be to such further

counting.

77. Recount of votes- (1) After the completion of the counting the Returning Officer shall

record in the result sheet in Form 21 the total number of votes polled by each

candidate and announce the same.

(2) After such announcement has been made, a candidate or in his absence his

election agent or any of his counting agents may apply in writing to the Returning

Officer to re-count the votes whether wholly or in part stating the grounds on which he

demands such recount.

(3) On such an application being made the Returning Officer shall decide the matter

and may allow the application in whole or in part or may reject it i toto if it appears to

him to be frivolous or unreasonable.

(4) Every decision of the Returning Officer under sub-rule (3) shall be in writing and

contain the reasons therefor.

(5) If the Returning Officer decides under sub- rule (3) to allow a re-count.

the votes whether wholly or in part, he shall

(a) do the re-counting in accordance with rules 71 and 73;

(b) amend the result sheet in Form 21 to the

recount and

extent necessary after such

(c) announce the amendments so made by him.

(6) After the total number of votes by each candidate has been announced under

sub-rule (l) or sub-rule (5), the Returning Officer shall complete and sign the result

sheet in Form 21 and no application for recount shall be entertained thereafter.

Provided that no step under this sub-rule shall be taken on the completion of the

counting until the candidates and election agents present at the completion thereof

have been given a reasonable opportunity to exercise the right conferred by sub

rule(2)

599

78. Equality of votes-If, after the counting of the votes is completed an equality of

votes is found to exist between any candidates and the addition of one vote will entitle

any of the candidates to be declared elected the Returning Officer shall forthwith decide

between those candidates by lot, and proceed as if the candidate on whom the lot falls

had received an additional vote.

79. Destruction, Loss, etc. of ballot papers at the time of voting-(l) If at any time before the

counting of votes is completed any ballot papers used at a polling station are unlawfully

taken out of the custody of the Returning Officer or are accidentally or intentionally

destroyed or lost or are damaged or tampered with, to such an extent that the result of

the poll at that polling station cannot be ascertained, the Returning Officer shall forthwith

report the matter to the Director of Panchayat Elections.

(2) Thereupon, the Director of Panchayat Elections, shall after taking all material

circumstances into account, either

(a) direct that the counting of votes shall be stopped, declare the poll at the polling

station to be void, appoint a day and fix the hours for taking a fresh poll at that

polling station and notify the date so appointed and the hours so fixed in such

manner as he may deem fit, or

(b) if satisfied that the result of a fresh poll at that polling station will not, in any way,

affect the result of the election, issue such directions to the Returning Officer, as he

may deem proper for the resumption and completion of the counting and for the

further conduct and completion of the election in relation to which the votes have

been counted.

(3) The provisions of rules 39 to 60 or orders made thereunder shall apply to

every such fresh poll as they apply to the original poll.

CHAPTER II

DECLARATION OF RESULTS

16. Declaration of results- (1) After the counting of votes recorded in favour of each

candidate both in ballot papers contained in the ballot boxes and in postal ballot papers

have been completed, the Returning Officer shall, in the absence of any direction by

the Director of Panchayat Elections to the contrary, forthwith declare the result of the

election in the manner hereinafter provided in this rule.

(2) The Returning Officer shall declare as many candidates as the. number of

Members to be elected from the panchayat ward, to whom the largest, number of valid votes has been given, to be duly elected at the election.

(3) The Returning Officer shall, make such declaration of result in Form 22 or Form 22

A as may be appropriate, and send signed copies thereof to the State Government,

Director of Panchayat Elections and District Collector.

600

(4) The Returning Officer shall also complete and certify the return of election in Form

22B and send signed copies thereof to the State Government, Director of

Panchayat Elections and the District Collector.

81. Report of the result-As soon as may be after the result of any election has been

declared, the Returning Officer shall report the result to the State Government and the

Director of Panchayat Elections and the State Government shall publish in the official

gazette the declarations containing the names of elected candidates

82. Grant of certificate of election to returned candidate-As soon as may be after,

candidate has been declared by the Returning Officer under the provisions of rule 38

or rule 80 to be elected, the Returning Officer shall grant to such candidate a

certificate of election in Form 23 and obtain from the candidate an acknowledgement

of its receipt duly signed by him.

83. Publication of results of general elections to the Gram Panchayat.- Where a general

election is held for the purposes of constituting a new Gram Panchayat, there shall be

notified by the State Government in the Official Gazette as soon as may be after the

result of the election in all the Panchayat Wards (other than those in which the poll

could not be taken for any reason on the date originally fixed under clause (d) of rule

14 or for which the time of completion of the election has been extended under the

provisions of rule 119 have been declared by Returning Officers,) the names of the

members elected for those Panchayat Wards and upon the issue of such notifications

that Gram Panchayat shall be deemed to be duly constituted:

Provided that the issue of such notification shall not be deemed- (a) to preclude the

taking of the poll and the completion of the election in any Panchayat Ward in which

the poll could not be taken for any reason on the date originally fixed under clause (d)

of rule 14 or the completion of the election in any Panchayat Ward for which time has

been extended under the provisions of rule 19; or

(b) to effect the duration of the Gram Panchayat, if any, functioning immediately

before the issue of the said notification.

PART-V

BYE-ELECTIONS

84. Casual vacancies in a Gram Panchayat.-When the seat of a member elected a

Gram Panchayat becomes vacant or is declared vacant or his election to the

Gram Panchayat is declared void, the Director of Panchayat Elections shall, by

notification in the official gazette, call upon the Panchayat Ward concerned to elect a

person for the purpose of filling the vacancy so caused before such date

601

as may be specified in the notification, and the -provisions of the Act and the rules and

orders made thereunder shall apply, as far as may be, in relation to the election of a

Member to fill such vacancy.

PART-VI

DISPUTES REGARDING ELECTIONS

85. Definition.- In this part unless the context otherwise requires

(a) 'candidate' means a person who has been or claims to have been duly nominated

as a candidate at any election to Gram Panchayat;

(b) "costs" means all costs, charges and expenses of or incidental to a trial of an

election' petition;

(c) 'electoral right' means a right of a person to stand or not to stand as, or to withdraw

or not to withdraw from being, a candidate, or to vote- or refrain from voting at an

election;

(d) 'returned candidate' means a candidate whose name has been published under

rule 8 I as duly elected.

86. Election Petitions.- No election shall be called in question except by an election

petition presented in accordance with the provisions of this Part.

.

87. Presentation of Petitions- (1) An election petition calling in question any election may be

presented on one or more of the grounds specified in sub rule (1) of rule: to the Civil

Judge by any candidate at such election or any elector within forty - five days from, but

not earlier than, the date of election of the returned candidate, or if there are more than

one returned candidate at the election and the dates of their election are different, the

later of those two dates.

Explanation.- In this sub-rule 'elector' means a person who was entitled to vote at the

election to which the election petition relates, whether he has voted at such election or

not.

(3) Every election petition shall be accompanied by as many copies thereof as there

are respondents mentioned in the petition, and every such copy shall be attested by

the petitioner under his own signature to be a true copy of the petition.

Trial of election petitions.-(l) The Civil Judge shall dismiss an election petition which

does not comply with the provisions of rule 87 or rule 88 or rule 114

Explanation.- An order of the Civil Judge dismissing an election petition

under this sub-rule shall be deemed to b. an order made under clause (a)of rule

98.

602

88. Parties to the petition.- A petitioner shall join as respondents to his petition

(a) where the petitioner, in addition to claiming a declaration that the election of all or

any of the returned candidates is void, claims a further declaration that he himself or

any other candidate has been duly elected, all the contesting candidates other than

the petitioner, and where no such further declaration is claimed, all the returned

candidates; and

(b) any other candidate against whom allegations of any corrupt practice are made in

the petition.

89. Contents of petition.- (1) An election petition

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall set forth full particulars of any corrupt practice that the petitioner ,alleges,

including as full a statement as possible of the names of the parties alleged to have

committed such corrupt practice and the date and place of the commission of each

such practice; and

(c) shall be signed by the petitioner and verified in the manner laid down in the law

relating to the Code of Civil Procedure for the time being in force in this State for the

verification of pleadings;

Provided that where the petitioner alleges any corrupt practice, the petition shall also

be accompanied by an affidavit in Form 24 annexed to these rules in support of the

allegation of such corrupt practice and the particulars thereof,

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and

verified in the same manner as the petition.

'90. Relief that may be claimed by the petitioner.- A petitioner may, in addition to claiming

a declaration that the election of all or any of the returned candidates

is void, claim a further declaration that he himself or any other candidates . has been

duly elected.

91.

(2) Where more election petitions than one are presented to the Civil Judge in

respect of the same election, the Civil Judge may in his discretion, try them

separately or in one or more groups.

603

(3) Any candidate not already a respondent shall, upon application made by him to the

Civil Judge within fourteen days from the date of commencement of the trial and subject

to any order as to security for costs which may be made by the Civil Judge, be entitled to

be joined as a respondent.

Explanation. - For the purposes of this sub-rule and of rule 97, the trial of a petition shall

be deemed to commence on the date fixed for the respondents to appear before the

Civil Judge and answer the claim or claims made in the petition.

(5) The Civil Judge may, upon such terms as to costs, and otherwise as it may

deem fit, allow the particulars of any corrupt practice alleged in the petition to .

be amended or amplified in such manner as it may in its opinion be necessary

for ensuring a fair and effective trial of the petition, but shall not allow any amendment

of the petition which will have the effect of introducing particulars of a corrupt practice

not previously alleged in the petition.

(6) The trial of an election petition shall, so far as practicable, consistently with the

interests of justice in respect of the trial, be continued from day to day until its

conclusion, unless the Civil Judge finds the adjournment of the trial beyond the following

day to be necessary for reasons to be recorded.

(7) Every election petition shall be tried as expeditiously as possible and endeavor shall

be made to conclude the trial within six months from, the date on which the election

petition is presented to the Civil Judge for trial.

92. Procedure to be followed - (1) Subject to the provisions of these rules, every election

petition shall be tried by the Civil Judge, as nearly as may be, in accordance with the

procedure applicable under the law relating to the Code of Civil Procedure for the time

being in force in this State to the trial of suits:

Provided that the Civil Judge shall have the discretion to refuse, for reasons to be

recorded in writing, to examine any witness or witnesses if it is of the opinion that the

evidence of such witness or witnesses is not material for the decision of the petition or

that the party tendering such witness or witnesses is doing so on frivolous grounds or

with a view to delay the proceedings.

(2) The provisions of the law relating to the Evidence Act for the time being in force, in

this State shall, subject to the provisions of these rules, be deemed to apply in all

respects to the trial of an election petition.

93. Documentary evidence-Notwithstanding anything in any enactment to the contrary, no

document shall be inadmissible in evidence at the trial of an election ,petition, on

the ground that it is not duly stamped or registered.

94. Secrecy of voting not to be infringed.- No witness or other person shall be required to

state for whom he has voted at an election.

604

95. Answering of- incriminating questions and certificate of indemnity;- . (l) No witness shall

be excused from answering any question as to any matter relevant to a matter in issue

in the trial of an election petition upon the ground that the answer to such question may

incriminate or may tend to incriminate him or that it may expose or may tend to expose

him to any penalty or forfeiture: Provided that

(a) a witness, who answers truly all questions which he is required to answer, shall be

entitled to receive a certificate of indemnity from the Civil Judge; and,

. (b)an answer given by a witness to a question put by or before the Civil Judge

shall not except in the case of any criminal proceeding for perjury in respect of the .

evidence be admissible in evidence against him in any civil or criminal proceeding.

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded

by him in any court and shall be a full and complete defense to or, upon any charge

under Chapter IXA of the Indian Penal Code (45 of 1860) or of the Act arising out of the

matter to which such certificate relates, but it shall not be deemed to relieve him from

any disqualification in connection with an election imposed by this Act or any other law.

96. Expenses of witnesses-The reasonable expenses incurred by any person in attending to

give evidence may be allowed by the Civil Judge to such person and shall, unless the

Civil Judge otherwise directs, be deemed to be part of the costs

97. Recrimination when seat claimed -(1) When in 'an election petition a declaration

that any candidate other than the returned candidate has been duly elected is claimed,

the returned candidate or any other party may give evidence to prove that the election -

of such candidate would have been void if he had been the returned candidate and a

petition has been presented calling in question his election

Provided that the returned candidate or such other party, as aforesaid shall not be

entitled to give such evidence unless he has, within fourteen days from the date of

commencement of trial, given notice to the Civil Judge of his intention to do so and also

give the security and the further' security referred to in rule 117 and 118 respectively,

(2) Every notice referred to in sub-rule (I) shall be accompanied by the statement and

particulars required by rule 89 in the case of an election petition and shall be ,signed

and verified in the like manner.

98. Decision of the Civil Judge-At the conclusion of the trial of an election petition the Civil

Judge shall make an order-

(a) dismissing the election petition; or

605

(b) declaring the election' of all or' any of the returned candidates to be void; or

(c) declaring the election of all or any of the returned candidates to be void

and the petitioner or any other candidate to have been duly elected.

99 Other orders to be made by the Civil Judge- (1) At the time of making an order under

rule 98 the Civil Judge shall also make an order

(a) where any charge is made in the petition of any corrupt practice having

been committed at the election, recording '.

(i) a finding whether any corrupt practice has or has not been proved to have

been committed at the election, and the nature of that corrupt practice; and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty

of any corrupt practice and the nature of that practice; and

(b) fixing the total amount of cost payable and specifying the persons by and to

whom cost shall be paid:

Provided that a person who is not a party to the petition shall be named, in the order

under sub-clause (1) of clause (a) unless

(a) he has been given notice to appear before the Civil Judge and to show

cause why he should not be so named; and

(b) if he appears in pursuance of the notice be has been given an opportunity of cross-

examining any witness who bas already been examined by the Civil Judge and has

given evidence against him,. of calling evidence in his defense and of being heard.

(2) In this rule and in rule 100, the expression "agent" includes an election agent, a

polling agent and any person who is held to have acted as an agent in connection

with the election with the consent of the candidate:

100. Grounds for declaring election to be void-(l) Subject to the provisions of sub.

rule (2) if the Civil Judge is of the opinion

(a) that on the date of his election a returned candidate was not qualified, or was

disqualified, to be chosen to fill the seat under the Constitution or the Act;

(b) that any corrupt practice has been committed by a returned candidate or his

election agent or by any other person with the consent of a returned candidate or

his election agent; or

(c) that any nomination has been improperly rejected; or

606

(d) that the result of the election, in so far as it concerns a returned candidate, has

been materially affected

(i) by the improper acceptance of a nomination; or

(ii) by any corrupt practice committed in the interest of the returned candidate, by

an agent other than his election agent; or

(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or

(iv) by any non-compliance with the provisions of the Constitution or of the Act or of any rules or orders made under the Act.

The Civil Judge shall declare the election of the returned candidate to be void

(2). if in the opinion of the Civil Judge, a returned candidate has been found guilty by an

agent, other than his election agent, of any corrupt practice but the Civil Judge is

satisfied

(a) that no such corrupt practice was committed at the election by the candidate or his

election agent, and every such corrupt practice was committed contrary to the orders,.

and without the consent of the candidate or his election agent;

(b) that the candidate and his election agent took all reasonable means for preventing

the commission of corrupt practices, at the election and

(c) that in all other respects the election was free from any corrupt practices on the

part of the candidate or any of his agents, then the Civil Judge may decide that the

election of the returned candidate is not void.

101. Grounds for which a.. candidate other than the returned candidate may be declared to

have been elected. - If any person who has lodged a petition has, in addition to calling

in question the election of the returned candidate claimed a declaration that he

himself or any other candidate has been duly elected and the Civil Judge is of the

opinion

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate by corrupt practices the

petitioner or such other candidate would have obtained a majority of the valid votes

the Civil Judge shall after declaring the election of the returned candidate to be void

declare the petitioner or such other candidate, as the case may be, to have been

duly elected.

102. Procedure in case of an equality of votes.- If during the trial of an election

petition it appears that there is an equality of votes between any of the candidates;

607

the election and that the addition of a vote would entitled any of those candidates to be

declared elected, then

(a) any decision made by the Returning Officer under the provisions of the Act shall, in

so far as it determines the question between those candidates, be effective also for the

purposes of the petition and

(b) in so far as that question is not determined by such a decision the Civil Judge shall

decide. between them by lot and proceed as if the one on whom the lot then falls had

received an additional vote.

103. Communication of orders of the Civil Judge.- The Civil Judge, shall as soon as may be

after the conclusion of the trial of an election petition, intimate the substance of the

decision to the Director of Panchayat Elections and, as soon as may be thereafter, shall

send to the Director of Panchayat Elections an authenticated copy of the decision.

104. Transmission of order to the appropriate authority, etc., and its publication.- As soon as

may be after the receipt of any order made by the Civil Judge under rule 98 or rule 99,

the Director of Panchayat Elections shall forward copies of the order to the State

Government and shall cause the order to be published in the Official Gazette.

105. Effect of orders of the Civil Judge.- Subject to the provisions contained in rule III

relating to the stay of operation of an order of the Civil Judge under rule 98 or rule 99,

every such order shall take effect as soon as it is pronounced by the Civil Judge.

(2) Where by an order under rule 98 the election of a returned candidate is declared to

be void, acts and proceedings in which that returned candidate has before the date

thereof, participated as a member of Gram Panchayat shall not be invalidated by

reason of that order, nor shall such candidate be subjected to any liability or penalty on

the ground of such participation.

106. Withdrawal of election petitions. (1) An election petition may be withdrawn only by

leave of the Civil Judge.

(2) Where an application for withdrawal is made under sub-rule (1), notice thereof

fixing a date for the hearing of the application shall be given to all other parties to the

petition and shall be published in the Official Gazette.

107. Procedure for withdrawal of election petitions- (1) If there are more petitioners than

one, no application to withdraw an election petition shall be made except with the

consent of all the petitioners.

(2) No application for withdrawal shall be granted if, in the opinion of the Civil Judge,

such application has been induced by any bargain or consideration which ought not to

be allowed.

608

. (3) :If the application is granted

(a) the petitioner shall be ordered to pay the costs of the respondents thereto,

for incurred or such portion thereof as the Civil Judge may think fit;

(b) the Civil Judge shall direct that the notice of withdrawal shall be published in the

Official Gazette and in such other manner as it may specify and thereupon the

notice shall be published accordingly;

(c) a person who' might himself have been a petitioner may, within fourteen days ,of

such publication, apply to be substituted as a petitioner in place of the party

withdrawing, and upon compliance with the conditions, if any as to, security

shall be entitled to be so substituted and to continue to proceedings upon such

terms as the Civil Judge may deem fit-. .. .

108. Report of withdrawal by the Civil Judge to the Director of Panchayat Elections. When

an application for withdrawal is granted by the Civil Judge and no person has been

substituted as petitioner under clause (c) of sub-rule (3) of rule 106, in place of the

party withdrawing the Civil Judge shall report the fact to the Director of Panchayat

Elections and thereupon the Director of Panchayat Elections shall publish the report

in the Official Gazette.

109. Abatement of Election petitions-(l) An election petition shall abate only on the

death of a sole petitioner or of the survivor of several petitioners.

(2) Where an election petition abates under sub-rule (l), a Civil Judge shall cause

the fact to' be published in such manner as it may deem fit.

'(3) Any person who might himself have been a petitioner may. within fourteen days of

such publication, apply to be substituted as petitioner and upon compliance with, the

conditions, if any, as to security, shall be entitled to be substituted and to continue

the proceedings. upon such terms as the Civil Judge may deem fit.

110. Abatement or substitution on death of respondent-If before the conclusion of the tri-

al of an election petition, the sole respondent dies or gives notice that he does not

intend to oppose the petition or any of the respondents die or. give such notice and

there is no other respondent who is opposing the petition, the Civil Judge shall

cause notice of such event to be published in the Official Gazette, and thereupon

any person who might have been a petitioner may, within. fourteen days of such

publication, apply to be substituted in place of such respondent to oppose the

petition, and shall be entitled to continue the proceedings upon such terms as the

Civil Judge may think fit.

609

111 .Appeals to District: and Sessions Judge-(l) Notwithstanding anything contained in any

other law for the time being in force, an appeal shall lie to the District and Sessions

Judge on any question (whether of law or fact) from every order made by the Civil Judge

under rule 98 or rule 99.

(2) Every appeal shall be preferred within a period of thirty days from the date, of the

order of the. Civil Judge under rule 98 ,or rule 99:

Provided that the District and Sessions Judge may entertain an appeal after the expiry of

the said period of 30 days if it is satisfied that the appellant, had sufficient cause for not

preferring the appeal within such period.

112. Stay of operation of order of Civil Judge-(l) An application .may be made to the

District and Sessions Judge for stay of operation of an order made by the Civil

Judge under rule 98 or rule 99 before the expiration of the time allowed for

appealing there from and the District and Sessions Judge may, on sufficient cause

being shown on such terms and conditions as it may think fit stay the operation of

the order, but no application for stay shall be made after an appeal has been

preferred to the District and Sessions Judge.

(2) Where an appeal has been preferred against an order made under rule 98 or rule 99

the District and Sessions Judge may, on sufficient cause being shown and on such

terms and conditions as it may think fit, stay the operation of the order appealed from.

(3) When the operation of an order is stayed by the Civil Judge or, as the case may be,

the District and Sessions Judge, the order shall be deemed never to have taken effect

under sub rule (1) of 105 and a copy of the stay order shall immediately be sent by the

District and Sessions Judge to the Director of Panchayat Elections.

113. Procedure in appeal-(l) Subject .to the provisions of the rules, if any. made thereunder,

every appeal shall be heard and determined by the District and Sessions Judge as

nearly as may be in accordance with the procedure applicable to the hearing and

determination of an appeal from any final order passed by the Civil Judge in the

exercise of its original civil jurisdiction; and all the provisions of the law relating to the

Code of Civil Procedure, for the time being in force. and the Rules of the Court

(including provisions as to the furnishing of security and the execution of any order of

the Court) shall so far as may be apply in relation to such appeal.

(2) As soon as an appeal is decided, the District and Sessions Judge shall intimate the

substance of the decision to the Director of Panchayat Elections and ,the Speaker or

Chairman, and as soon as may be thereafter shall send to the Director of Panchayat

Elections an authenticated copy of the decision; and upon its receipt, the Director of

Panchayat Elections shall publish the same in the Official Gazette.

610

114. Security for costs.- (1) At the time of presenting an election petition, the, petitioner shall

deposit in the District and Sessions Court a sum of one thousand rupees as security

for the costs of the petition.

(2) During the course of the trial of an election petition, the Civil Judge may at any

time, call upon the petitioner to give such further security for .cost as it may direct.

115. Security for costs from a respondent.- No person shall be entitled to be joined as a

respondent under sub-rule (3) of rule 91 unless he has given such security for costs as

the Civil Judge may direct.

116. Costs.- Costs shall be in the discretion of the Civil Judge:

Provided that where a petition is dismissed under clause (a) of rule 98, the returned

candidate shall be entitled to the costs incurred by him in contesting the petition and

accordingly the Civil Judge shall make an order for costs in favour of the returned

candidate.

117. Payment of costs out of security deposits and return of such deposits.- (I) If in any

order as to costs under the provisions of this Part there is a direction for payment of

costs by any party to any person, such costs shall, if they have not been already paid,

be paid in full, or as far as possible, out of the security deposit, if any, made by such

party under this Part, on an application made in writing on that behalf within a period

of one year, from that date of such order to the District and Sessions Judge by the

person in whose favour the costs have been awarded.

118.

(2) If there is any balance left of the said security deposits after payment under sub-

rule (1) of the costs referred to in that sub-rule, such balance, or where no costs have

been awarded or no application as aforesaid has been made within the said period of

one year, the whole of the said security deposits may, on an application made in that

behalf in writing to the District and Sessions Judge by the person by whom the

deposits have been made, or if such person dies after making such deposits, by the

legal representative of such person, be returned to the said person or to his legal

representative, as the case may be.

. .

Execution of orders as to costs.- Any order as to costs under the provisions of this Part may be produced before the civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay

any sum of money has a place of residence or business, and such court shall

execute the order or cause the same to be executed in the same manner and by the

same procedure as if it were a decree for the payment of money made by itself in a

suit:

611

Provided that where any such costs or any portion thereof may be recovered by an'

application made under sub :rule (1) of 'rule 117 no application 'shall lie under this rule

within a' period 'of one year 'from the 'date of such order. unless it is for the recovery of

the balance of any costs which has been left unrealized after .an application has been

made under that sub. rule owing to the insufficiency of the amount of the security

deposits referred to in that sub-rule

'"

PART VII

MISCELLANEOUS

119. Extension ,of time for completion of Election.- . It shall be competent for the Director of

Panchayat Elections for reasons which he considers, sufficient, to extend the time for

the completion of any election by making 'necessary amendments in the

notification issued by him under' rule 14.

120, Custody of ballot boxes and papers relating to election.- (l) All ballot boxes used at an

election shall be ,kept in such custody as the Director of Panchayat Elections may

direct.

(2) The District Collector shall keep in safe custody

(a) the packets of unused ballot papers 'with counterfoils attached thereto

(b) the packets of used ballot papers whether valid, tendered or rejected

(c) the packets of the counterfoils of used ballot papers;

(d) the packets of the marked copy of the electoral roll;

(e) the packets of the declarations by electors and the; attestation of their signatures;

(f) all other papers relating to the election .

121 Production and inspection of election papers.- (1) While in the custody of the

District Collector or as the case may be the Returning Officer

(a) the packets of' unused . ballot papers with counterfoils attached thereto;

(b) the packets of used ballot papers whether valid, tendered or rejected

(c) the packets of the counterfoils of used ballot papers; .

(d) the packets of the marked copy of the electoral roll and

(e) the packets of declarations by electors and' attestation of their signatures;

612

, shall not be opened and their contents shall not be inspected by or produced before any

person or authority except under the order of the competent court.

(2) Subject to such conditions and to the payment of such fee the Director of

.Panchayat Elections may direct

(a) all other papers relating to the election shall be opened to public inspection; and

(b) copies' thereof shall on application be furnished

.

(3) Copies of the returns by the Returning Officer forwarded under rule 80 shall be

furnished by the Returning Officer, District Collector or the Director of Panchayat

Elections on payment of a fee of two rupees for each copy.

122. Disposal of election- papers.- Subject to any direction to the contrary given by

the Director of Panchayat Elections or by a competent court

(a) the packets of unused ballot papers shall be retained for a period of six months

and shall thereafter be destroyed in such manner as the Director of Panchayat

Elections may .direct

(b) the other packets referred to in sub-rule (1) of rule 120 shall be retained

for a period of one year and shall thereafter be destroyed:

Provided that packets containing the counterfoils of used ballot papers shall not be

destroyed except with the previous approval of the Director of Panchayat Elections;

(c) all other papers relating to an election shall be retained for such period as the Director of Panchayat Elections may direct. .

123. Removal of difficulties, if any, by Government.- (1) The State' Government may

issue .such general. or special directions as it may, in its opinion, be necessary for

. the purpose of giving effect to the provisions of these rules or in holding

election under the Act.

(2) If any difficulty arises in giving effect to the provisions of these rules or

in holding any election, the State Government, as occasion. requires, may, by

order, do anything which appears to it to be necessary for the purpose of removing the difficulties. .

.,

613

SCHEDULE SYMBOLS

GRAM

1. Airplane

2. Bucket

3. Car

4. Chair

5. Clock

6. Deer

7. Drum

8. Eagle about to fly

9. Fish

10.Flaming Torch

11. Goat

12. Hand Pump

13. Hurricane Lamp

14. Lock and Key

15. Pot

16. Radio

17. Railway Engine

18. Sewing Machine

19. Sparrow

20. Tractor

TABLE

(See rule 19)

PANCHAYAT

ELECTIONS

614

FORM- I

NOTICE OF EL ECTION

(See rule 15),

Notice is hereby given that "

1. An election is to be held to elect member/members to .........................................

*. .......................................... ....................................... ..Gram Panchayat. from the

*................................................................................... ...Panchayat Ward

2. nomination papers may be delivered by a candidate or his proposer to the

Returning Officer/Assistant Returning Officer (designation) at..............................

between 11.00 a.m. and 3.00 p.m. on any day (other than a public holiday

not later than the. ..................................................................................................

3. form of nomination paper may be obtained at the place and time aforesaid

4. the nomination papers will be taken up for scrutiny at (place) .............................

......................... .......... ...............on ... ......................

at (time) .......................................

5. Notice of withdrawal of candidature may be delivered by a candidate or his

election agent to either of the officers specified in paragraph (2) above

at his office before 3.00 p. m. on the (date)

6. in the event of the election being contested the poll will be taken on

.......... ...

.......... ... between hours of ............................................. "

and

Place....................................... .............. ...

Date........... ............................ ...............

Returning

Officer *Appropriate particulars of the election to be inserted here.

15 FORM 2 NOMINATION PAPER ( See Sub-rule (3)of Rule 18) '

Dominate as a candidate for election to, the

Gram Panchayat from the *........................................................................Panchayat Ward.

Candidate' s name....... ..

. His Postal address.. ......... ................................ ........................................... ....

His name is entered at serial No ............... ............... ...in the electoral roll of

the said Panchayat

Ward.

My name is ............................ .. ............and it is entered .

at Serial No ..................in the electoral roll of the said Panchayat Ward.

Date.:.......................... ( Signature' of . proposer) '

*Appropriate particulars .of 'the election be inserted here.

I, the above mentioned candidate, assent to this nomination and hereby declare:

(a) that I am not set up at this election "by any Political party,'

(b) that the symbols I have chosen are, in order of preference: l ................

ii......................... and ... .' iii.............................. '''''' ... ......... ............

*1 further declare that I am a member of' the..

caste/tribe* which is a Scheduled caste/Scheduled tribe ** of the' State of Sikkim.

Date .... ( Signature. of candidate)

*Score out this paragraph. if not ,applicable.

**Score out the word not applicable. .,

616

(To. be filled by the Returning Officer)

Serial No.. of nomination paper...................................................................................

This nomination was delivered to. me at my office at ......................................

(hour) on .......................... {date) by the *candidate/proposer.

Date.. ....................... ...... Returning

Officer .......

*Score out the word not applicable.

Decision of Returning Officer accepting or rejecting the nomination paper.

I have examined this nomination paper in accordance with rule 18 and decision

as follows:

Date... ...................... ... Returning

Officer

Receipt for nomination paper and notice of scrutiny (To. be handed over to the

person presenting the nomination paper)

Serial No.. of nomination paper.....................................

The nomination' paper of .............................. ................... ........ .............. a candidate

was election to. the......................................................... Gram Panchayat constituency was

delivered to. me at my office at... ... ............................................ (hour) on ............... .

(date) by the candidate/proposer. All nomination papers will be taken up for scrutiny

at. ................................. (hour) on... ......................... ... (date) at ...

......................... .(place)

Date Returning

Officer *' Appropriate particulars of the election to. be inserted here.

*"Strike off the inappropriate alternative.

617

FORM 3

NOTICE OF NOMINATION

( See rule 21 )

Election to the*... ......................... Gram .........................................Panchayat

from ................................... Panchayat Ward.

Notice is hereby given that the following nominations in respect of the above

election have been received upto 3. 00 p. m. today:

Sl.No. Name of Name of Address Electoral Name of Electoral

of nomi- candidate father/ roll No. proposer roll No.

nation Mother/ ,of candi- of

paper husband date proposer

1 2 3 4 5 6 7

Place ....

Date............... Returning Officer

.Appropriate particulars of the election to be, inserted here.

618

FORM 4

LIST OFVALIDLY NOMINATED CANDIDATES

See Sub-rule 22 of rule 7

Election to the............ .Gram' Panchayat

from........... ................................ Panchayat Ward.

Sl. Name of candidate Name' of father 'Address of candidate

No. mother husband **

1 2 3 4

Place...

Date ................................... . Returning Officer

"~ "

.

Appropriate particulars of the election to be inserted here.

*"'Strike off the inappropriate alternative.

619

FORM 5

NOTICE OF WITHDRAWAL BY THE CANDIDATE

Election to the* .........................Gram Panchayat

from ................................................ Panchayat . Ward.

To The Returning Officer.

I........ ................................................ a candidate nominated at the above election

do hereby give notice that I withdraw my candidature. -. .~. --

Place... ...

Date... Signature of Candidate

This notice was delivered to me at my office at.................

(hour) on... ................ ...(date) by...................................................................... ............ (name)

the** . . . .. . . .. ... .. . .. .

Place .................... .......

Date............. ............ ... Returning Officer

Receipt for notice of withdrawal

(To, be ,handed over to the person delivering the notice)

The notice of withdrawal of candidature by

candidate for the election .................. to ............. the*..................

was delivered to me by the** . at my office

at .. . ......................... (hour) on... .............................................................( date)

Place ...............

Date .... ................... ................ Returning Officer

*Appropriate particulars of the election to be inserted here.

**Here insert one of the following alternatives as may be appropriate:

I. Candidate.

2. Candidate's election agent who has been authorised in writing by the candidate to

deliver it.

3. Candidate's proposer who has been authorised in writing by the candidate

to deliver it.

(See sub-'rule (3) of rule 23)

620 FORM 6 NOTICE OF WITHDRA WAL OF CANDDIATURES

(See sub-rule (4) of rule 23)

Election to the ... ...........................................................Gram ........................Panchayat

from ............................................. ........Panchayat Ward.

Notice is hereby given that the following..........................candidate/candidates at the

above election withdrew... his candidature/their candidatures today:

2 Address of candidate

3

Remarks Sl 'No

1.

Name of the candidate

4

1.

2. 3.

4.

etc.

. .

Place... ............. ... ......... ...

Date... ... .. Returning Officer

*Appropriate particulars of the election to be inserted here.

..:Strike off the 'inappropriate alternative.

Election to .

FORM 7

LIST OF CONTESTING CANDIDATES

(See sub-rule (2) of rule 24)

the.. . . ....... . . . . . . .. . . . ................ ... .. . ... . .. ...Gram Panchayat

from ...................................................................... Panchayat Ward.

Sl. No.

I..

1

2.

3.

4.

etc.

Name of candidate Address of candidate

2 3

Symbol allotted

4

Place.. .. .. . .. .. . . .. ..... .. . ... . . . . . . . .. Date Returning

Officer -

* Appropriate particulars of the election to be inserted here.

621

FORM 8

ARPOINTM.ENT OF ELECTION AGENT (See .sub-rule (2) of rule-25)

Election to the* ......................................................... .............................Gram Panchayat

from........................................Panchayat Ward.

To

The Returning Officer,

I, .............. .......... ...... ...of............ a

candidate at, the above election .do hereby appoint................... .. .........

of...................................................................as my election agent from this day at ,the above election. , ,

Place ......... .....................

Date.......... .................. Signature of candidate

I accept the above, appointment.

Place... ...........................

Date...................... ... ...... Signature of election agent

FORM 9

REVOCATION OF APPOINTMENT OF ELECTION AGENT

(See sub-rule (3) of rule 25

Election to the*... ..................................................................................Gram Panchayat

from ........................ ........................... .. ......... .Panchayat Ward.

To

The Returning Officer,

I ...............................................................a candidate at the above election, hereby

revoke the appointment of .......................................................................my 'election agent.

Place ................... ...

Signature- of candidate.

. Appropriate particulars of the election to be inserted here.

622

FORM 10

APPOINTMENT OF POLLING AGENT

(See sub-rule ( 1) of rule 26')

Election to the*

I.............................................................. a candidate/the election agent of ................ .

................................................................ who is a candidate at the above election do hereby

appoint... .............. as a polling agent to attend polling station

No.:.. .. at.

Place:........... ..............

Signature of candidate/election agent

Date ........................................ ........

I agree to act as such polling agent.

. Place...

Date ............................................ .

Signature of polling agent

FORM 11

REVOCATION OF APPOINTMENT OF POLLING AGENT

sub-rule (4) of rule 26)

""" ,

- .

(See

Election to the* "

.'To

The Presiding Officer,

I .. ... ..( the election agent of......................................

... ...........) a candidate at the above election, hereby revoke the appointment of ...............

my /his polling agent.

place.............................................. ..

. Date Signature of person revoking

Appropriate particulars of. the election to be inserted here.

623

FORM 12

LETTER OF INTIMATION TO RETURNING OFFICER

(See sub-rule (1) of rule29)

To

The Returning Officer .

Sir

, ,., ..""......, ..."""" .,.

I intend to cast my vote by post at the ensuing election to the

Gram Panchayat from .......... Panchayat Ward.

My name is entered at Sl No............... in the electoral roll of the said

Panchayat Ward.

The ballot paper may be sent to me at the following address:

, . " "'"'''''''' "'"

' ................... ,....

Place..

Date Yours faithfully,

... .. .

FORM 12 A

APPLICATION FOR ELECTION DUTY CERTIFICATE.

(See sub-rule (2) of rule 29)

To

The Returning Officer,

............. : Panchayat Ward. . .

Sir

I intend to cast my vote in person at the ensuing election to...........................

Gram Panchayat from the ...................................................................Panchayat Ward.

I have been posted on election duty' within the Panchayat Ward, but elsewhere than

the polling station at which I am entitled to vote.

My name is entered at Sl. No ............................in.................................... the electoral

roll of the said Panchayat Ward.

6221

I request that an Election Duty Certificate- in Form 12 B may be issued to enable me to

vote at the polling station where I may be on duty on the polling day. It may be sent to me at

the following address.

............

.......

Place .

Date Yours faithfully,

FORM 12 B

ELECTION DUTY CERTIFICATE

(See sub-rule 2 (a) of rule 29)

Certified that.............................................................. is an elector in Panchayat Ward,

........................ his electoral roll number being....................................... that by reason of his

being on election duty he is unable to vote at the polling station where he is entitled to vote

and that he is therefore, hereby authorised to vote at. any polling station he may be on duty

on the date of poll.

Place ......

............ .................. Signature ................... ...

................................... ....

Date................................. Returning Officer.

SEAL

625

FORM 13 A

DECLARATION BY ELECTOR

( See ,clause (a) of sub-rule (1) of rule 32)

Election to the*

(This side is to be used only when the elector signs the declaration himself)

I hereby declare that I am the elector to whom the postal ballot paper bearing

serial number has been issued at the above election.

Date..

...............................

Signature of elector

. Address

Attestation of signature

The above has been signed in my presence by......................................... elector) who

is personally known to me/has been identified to my satisfaction by ........................

(identifier) who is personally known to me.

Signature of identifier, if any....................................

Address......................................................: Signature of Attesting, Officer

Designation ...............................

Address ............. .... ......................

Date..............................

(This side is to be used when the elector cannot sign himself)

I hereby declare that I am the elector to whom the postal ballot paper

bearing serial...................................number has been issued at the above election.

Signature of Attesting Officer on behalf of elector

Address of Elector ..........................................................

CERTIFICATE

I hereby certify that

the above named elector is personally known to me/has been

identified to my satisfaction by (identifier) who is

personally known to me;

I am satisfied that the elector is illiterate/suffers from .................................... ............................................. (infirmity) and is unable to record his vote himself or sign his declaration;

I was requested by him to mark the ballot paper and to sign the above

declaration on his behalf; and

.Appropriate particulars of the elector to be inserted' here.

(i)

(ii)

(iii)

626

(iv) the ballot paper was marked and the declaration signed by me on his behalf in his presence and in accordance with his wishes. Signature of identifier, if any Signature of attesting Officer.................................

. Address ........................ ......................... Designation

Address

Date 'Appropriate particulars of the election to be inserted here.

FORM 13 B

COVER

( See-clause (b) of sub-rule (1) of rule 32)

NOT TO BE OPENED BEFORE COUNTING

ELECTION

'to the' .""""'''' """"'''''''''''''": ......................................:." .. :.:...................... :...; ...:.;;;;;""

POSTAL BALLOT PAPER

Serial No of' ballot paper.....................

FORM 13 C

COVER

(To be used at an election to the Gram Panchayat)

(See clause (c) of sub-rule (1) of rule 32)

NOT TO BE OPEN ED BEFORE COUNTING

ELECTION IMMEDIATE

POSTAL BALLOT PAPER "''''"

The Returning Officer

"""""'"

*Appropriate particulars of the election to be inserted here.

627

FORM 13D

INSTR UCTIONS FOR THE GUIDANCE OF ELECTORS

. Election to the* ................. ................................................ ...

The persons whose names are printed on the ballot paper sent herewith are candidates at

the above election. If you desire to vote, you should record your vote in accordance with the

directions given in Part I below and then follow the instructions detailed in Part II.

'PART I Directions to Electors. '.

1. The number of members to be elected is.................................

2. You have as many votes as there are candidates to be elected.

3, You must not vote for more than the number of candidates to be elected. If

you do your ballot paper will be rejected.

4. Record the votes by placing clearly a mark opposite the name of the candidate to whom' you

wish to give your vote.

5, The mark should' be so placed as to indicate clearly and beyond doubt to which

candidate you are giving your vote. If the mark is, so placed as to make it doubtful to which

candidate you have given the vote that vote will be, invalid.

6, Do not put your signature or write any word or make any mark, sign or writing

whatsoever on. the ballot paper other. than the mark which you' are required to make

thereon in accordance with paragraph 4.

7. An elector shall obtain the attestation of his signature on the declaration in Form 13A by

a magistrate, or

(a) if he is a member of the armed forces of the Union, or of an armed police force of a

State but is serving outside that State, by such officer as may be appointed in 'this' behalf

by the Commanding Officer of the unit, ship or establishment in which the voter or her

husband, as the case may be, is employed, or if he 'is an employee under the Government

of India in a post outside India, by such officer as may be appointed in this behalf by the

diplomatic or consular representative of India in the, country in which 'such voter is

resident;

(b) if he is on election duty, by any Gazetted Officer or by the Presiding Officer of the

polling' station in which he is on election duty; and

(c) if he is under preventive detention, by the Superintendent of the Jail or the

Commandant of the detention .camp in which he is under detention.

628

PART II

(a) After you have recorded your votes on the ballot paper, place the ballot paper in the

smaller cover marked 'A' sent herewith. Close the cover and secure it by seal or otherwise.

(b) You' have then to sign the declaration in Form 13A also sent herewith, in the presence of

a magistrate or any other officer competent to attest your signature (See direction 6 above).

Take the declaration to any such Officer and sign it in his presence after he has been

satisfied about your identity. The officer will attest your signature and return the declaration to

you. You must not show your ballot paper to the attesting officer nor tell him how you have

voted.

(c) If you are unable to mark the ballot paper and sign the declaration yourself

in the manner indicated above by reason of illiteracy, blindness or other infirmity,

you are entitled to have your vote marked and the declaration signed on your behalf by any

officer referred to in item (b). Such an officer will at your request mark the ballot paper in

your presence and in accordance with your wishes. He will also complete the necessary

certificate in this behalf. Appropriate particulars of the election to be inserted here.

(d) After your declaration has been signed and your signature has been attested in

accordance with item (b) or item (c), place the declaration in form 13A as also the

smaller cover marked 'A' containing the ballot paper, in the larger cover marked 'B'.

After closing the larger cover, send it to the Returning Officer by post or by messenger.

You have to give your full signature in the space provided on the cover marked 'B'. No

postage stamps need be affixed by you, if the cover is posted within India. If, however,

you are an elector employee under the Government of India in a post outside India, you

should return the cover to the Returning Officer concerned directly by air mail service

after the requisite postage stamp is duly affixed thereon by the Office in which you are

serving except where it is sent by diplomatic bag.

(e) You must ensure that the cover reaches the Returning Officer before .........................

on .*

(f), please note that

(i) If you fail to get your declaration attested or certified in the manner indicated above,

your ballot paper will be rejected, and

(ii): if the cover reaches the Returning Officer after*. .......................................................

on the ..... ................ your vote will not be counted.

Here specify the hour and date fixed for the commencement of counting. of votes.

Instructions for Electors.

629

FORM 14

(For the Use in Panchayat elections. when seat is uncontested)

(See rule 38)

Declaration of the result of election under 'sub-rule (2) of rule 38 of the

Sikkim Panchayat Election Rules, 1982.

Election to .Ward (Revenue Block)

In pursuance of the provisions contained in sub-rule (2) of rule 38 of the

Sikkim Panchayat Election Rules, 1982,

.

.~ ( Name)

....................................:(Address) .

. "

has been duly elected to fill the seat in the Ward.

.Place

Date

Signature. .

Returning .Officer '.

FORM 15

LIST OF CHALLENGED VOTES

Election to Ward (Block) ..................................

.

, ."

Polling Station .... ...................... .......

Sl. Name of elector Serial Number of Signature or Address of Name of Name of Order of Signature of No. Part Elector's thumb the person identifier, Challen - Presiding Challenger of of name in impression challenged if any ger Officer on receiving entry roll that part of the .refund of person.. deposit . challenged 1 2 3 4 5 6 7 8 9 10

631

FORM 16

LIST OF ILLITERATE, BLIND & INFIRM VOTERS

(Sub-rule (2) of Rule .53)

Election to the............................................. ......................

No. and name of polling Station

Part No. & Sl. No.

of elector

Full name of

elector

Full name of

companion

Address of

companion

Signature of

companion

Date.... Signature of Presiding Officer

FORM 17

LIST OF TENDERED VOTES

(See sub-rule (2) of rule 55) ,

Election to the*

No. and name of polling station.

Part No. Sl.

No. and name

of elector

Address of Sl. No, of . elector tendered

ballot

paper

Sl. No. of ballot

paper issued to

the person who

has already

voted.

Signature or

thumb impression

of person

tendering vote.

"

Date Signature of Presiding Officer.

632

FORM 18

(See sub rule (2) of rule 58)

PART l BALLOT PAPER ACCOUNT

Election to the

No and name. of Polling Station...................

Serial Nos. Total No

from To

Ballot papers received

2. Ballot paper unused (i. e. not issued to Voters)

(a) With the signature of Presiding Officer

(b) Without the signature of Presiding Officer.

Total (a+b)

3. Ballot papers used at the Polling Station

(1-2=3)

4. Ballot papers used at the Polling Stations but

NOT INSERTED INTO THE BALLOT BOX.

(a) Ballot papers cancelled for violation of voting

procedure under. rule ......................................

(b) Ballot papers .cancelled for other reasons.

(c) Ballot papers used as tendered ballot papers

Total (a+b+c)

5. Ballot papers to be found in the ballot box.

( 3-4=5 ) (Serial numbers need not be given

Date ......................... ... ...

Signature of the Presiding

Officer

633

FORM 19

APPOINTMENT OF COUNTlNG AGENT

Election to the( Sub-rule (2)of rule 67)

To the Returning Officer,

I ............................... a candidate/the election agent of .................. ...........................who

is a candidate at the above election, do hereby appoint the following persons as my

counting agents to attend the counting of votes at

Name of the counting agent Address of the counting agent

1

2. 3.

etc. Signature of candidate/election agent. .

We agree to act as such counting agents.

1

2

3

Signature of counting agent.

634

DECLARATION OF C0UNTING AGENTS

(To be signed before the Returning Officer). .'

We hereby -declare that. at the above election we will not do anything which violates

secrecy of voting. .

I, " ..........". ... ....... ". ''''.''''''''

2.

3: . ".. , .. .'"'' . "..,

etc. Signature of counting agent

Signed before me

Date:

Returning Officer

Strike off the inappropriate alternative

'"

FORM 20

REVOCATION OF APPOINTMENT OF COUNTING AGENT

(See rule (4) of rule 67)

Election to the*

To

The Returning Officer, I ..................................................... .(the election agent of .........................................)

a candidate at the above election hereby revoke the appointment of ..................................

my/his counting agent.

Place:

Date:

Signature of person

revoking

...

* appropriate particulars of the election to be inserted here. Omit the words ( )necessary

FORM 21 FINAL RESULT SHEET . (See rule)

(To be, used for recording the result of :voting at polling, stations other than notified stations) " '

Election to the Ward (Block) ........................ .

Name . of Ward (Block) ' Total No. of :electors ...................................... ..... "

""'

Sl. No. of

Polling

Station.

No. of 'Valid votes cast in favour' of

A B C Total of

valid votes

No. of rejected, Total

votes

No. 'of tendered votes

(1)

(2)

(3) etc.

'-

. .

Total No. of votes recorded at Polling Stations.

No. of votes recorded on postal ballot papers ,

Total votes polled.

Place:

..

Date:

"

Retuning Officer.

636

FORM 22

TO BE USED FOR DECLARATION OF THE RESULT

Election to the........................................... Gram Panchayat from the....................

Panchayat Ward.

In pursuance of the provisions contained in sub-rule (3) of rule 80 of the Sikkim

Panchayat Election Rules. 1982. I declare that

(1)

(2)

.(3)

has/have been duly elected to fill the seat (s)...................................... (name address)

that Gram Panchayat from the above Panchayat Ward.,

Place:

Date: Signature....................

Returning Officer..

FORM 22A

TO BE USED FOR DECLARATION OF THE RESULT

Election to the ........................................Gram Panchayat from the................

Panchayat Ward.

In pursuance of the provisions contained in sub-rule (3) of rule 80. of the Sikkim

Panchayat Election Rules. 1982, I declare-

.............................................. .....................

.............................................. (name)

.(address)

bas been duly elected to fill the vacancy caused in that Gram Panchayat by the

resignation of

* death of

,election of

seat of... ......................... ............................................ .......*having become vacant

having been declared

having been declared void

Place:

Date: Signature

Returning Officer Score out if inappropriate

FORM 23

CERTIFICATE OF ELECTION

I, the Returning Officer for the ...................................................Gram Panchayat Ward

hereby certify that I have on the .............. : ................ .day of ..: .............. :....:19.declared

Shri ....... : ......................... ............. of .......................... ...to have been duly elected by the

said Ward to be a member of ...................................................Gram Panchayat and that

in token thereof I have granted to him this certificate of election.

Place ....... ............ Returning Officer

Date ................... . ...... Gram Panchayat Constituency

.

FORM 24

AFFIDAVIT

I.. ... . . ... ... the petitioner in the accompanying election petition calling in ... . . ... .

638

(See provision to sub-rule (1) of rule 89) .

question the election of Shri/Shrimati. .. (respondent No .......................................... . ' .' . " .

In . the said petition) make solemn affirmation/oath and say .

(a) that the statements made in paragraphs ........................................ of the accompanying . .. . .

... election petition about the commission of the corrupt practice of ................................and

particulars of such corrupt practice mentioned in paragraphs ........................ of the same

petition and in paragraphs............................... of the

true to my knowledge; Schedule annexed thereto are

(b) that the statements made in paragraphs...............................of the said petition about

the commission of the corrupt practice of* ....................................... and the particulars of

such corrupt practice given in paragraph .......................................of the said petition and

in paragraphs... no... of the Schedule annexed thereto are true to my information:

(c)

(d)

etc. Signature of deponent.

..

'Solemnly affirmed /sworn by shri/shrimati ................................. ... ........... ..at .................. ......

this............................. .day of ................................... .19

:Before me.

Magistrate of the first Class.

639

PART II

-RESULT OF COUNTING

1. Name of Candidate Number of valid

votes cast

1.

2.

3.

4.

5. etc.

II. Rejected Ballot Papers

III. TOTAL

Whether the total number of ballot

papers shown against item No. III above

tallies with the total shown against item

No.5 of Part I or any discrepancy noticed

between these two totals.

Place:

Date: Signature of counting supervisor.

Place:

Date: Signature of the Returning Officer.

640

GOVERNMENT OF -SIKKIM

LOCAL SELFGOVERNMENT & HOUSING DEPARTMENT

GANGTOK

NOTIFICATION

No2/LSGHD. Dated Gangtok, the 6th June, 1984.

In exercise of the powers conferred by sub-section (1) of section 9 of the

Sikkim Entertainment Tax Act, 1980 (8 of 1980), the State Government hereby authorizes the

Entertainment Tax Inspector of the Local Self. Government and Housing Department and the

Police Officers not below the rank of Sub-Inspectors of the Sikkim Police to enter at any

reasonable time any place of entertainment while the entertainment is proceeding and any place

ordinarily used as a place of entertainment for the purpose of checking whether the provisions of

the Act or of any rules made thereunder are being complied with.

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT DEPARTMENT

GANGTOK

NOTIFICATION

No. 3/ LSGHD. Dated Gangtok, the 5th July, 1984

In exercise of the powers conferred by sub-rule (1) of rule 20 of the Sikkim

Entertainment 'Tax Rules, 1981. the State Government hereby empowers the Entertainment

Tax Inspector of the Local Self Government Department to require at anytime, the

proprietor/management to produce for inspection all his books and records, and all tickets or

portions of tickets in his possession, relating to the entertainment, and also seize and take in his

possession all such records, books, tickets or portions of tickets, etc., relating to such

entertainments as he may consider necessary in case he suspects evasion of tax or any

irregularity.

.

GOVERNMENT OF SIKKIM

LOCAL SELFGOVERNMENT & HOUSINGDEPARTMENT

GANGTOK

Notification No. 3/LSGHD. Dated Gangtok, the 25th August, 1984.

In exercise of the powers conferred by sub-section (2) of section 4 of the Sikkim

Housing and Development Board Act, 1979 (4 of 1979), the Governor is hereby pleased to

appoint Shri J. T. Densapa, Home Secretary as Chairman of the Sikkim

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

GANGTOK

NOTIFICATION

641

Housing and Development Board with immediate effect and makes the following amendment in

the Notification of the Government of Sikkim in the Local Self Government Department No.

5/LSG, dated the 20th April, 1979, namely:

In the said Notification, for serial number (1) and entry, the following serial number and

entry shall be substituted,

(1)Shri J. T. Densapa, Home Secretary, Chairman.

GOVERNMENT OF SIKKIM

GOVERNMENT LOCAL SELF GOVERNMENT& HOUSING DEPARTMENT

GANGTOK

No. 26 (25) LSG/78/79/49 Dated Gangtok, the 6th August, 1985

ORDER

In exercise of the powers conferred by sub-section (3) of Section 5 of the Sikkim Cinemas

(Regulation) Act, 1978, the State Government hereby directs that every Cinema Licensee shall exhibit

one approved film on Family Welfare, whenever supplied by .the Government of India, free of charge,

at the beginning of each show in his theatre, (such film being approximately 150. metres in length,

and the duration of exhibition of such film does not extend beyond five minutes) on the condition that

such film is actually available for exhibition, at the beginning of each show.

No. 3/LSG & HD Dated Gangtok, the 7th August, 1986

In exercise of the powers conferred by Section 3BB of the Sikkim Cinemas (Regulation)

Act, 1978, (20. of 1978). .the Government of Sikkim hereby authorizes the District Magistrates,

Sub-Divisional Magistrates, Police Officers not below the rank of Sub-Inspectors of Sikkim

Police having jurisdiction over the area and the Deputy Secretary in-Charge of Cinemas and

Amusement Tax Officer of Local Self Government & Housing Department, for the purposes of

the said Section.

642

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

GANGTOK

Notification No. 2/LSG & HD

Short title, extent

and

commencement.

Amendment of

Rule 2.

Amendment of

Rule 4.

Amendment of

Rule 14.

Amendment of

Rule 40.

Dated Gangtok, the 7th August, 1986.

In exercise of the powers conferred by Section 9 of the

Sikkim Cinemas (Regulation) Act, 1978, (20 of 1978), the State

Government hereby makes the following rules to amend the Sikkim

Cinemas (Regulation) Rules, 1979, namely:

1 (1) These rules may be called the Sikkim Cinemas (Regulation)

Amendment Rules, 1986.

(2) They shall come into force at once.

2. In the Sikkim Cinemas (Regulation) Rules, 1979 (hereinafter referred

to as the said - rules), in Rule 2, in Clause (V), after the words

'Appendix-I' and before the words 'to these rules', the words 'in case

of Cinematograph exhibition and Appendix IA in case of Video

Cassette Library' shall be inserted.

3. In the said rules, in rule 4, the existing first paragraph shall be

renumbered as 'sub-rule (1)' and thereafter the following new sub-

rule shall be inserted namely

(2) An application for keeping a Video Cassette Library shall be

made in writing and shall contain

(a) Name and Address of the applicant;

(b) the place where the Video Cassette Library is proposed to be

opened; and (c) such other particulars as may be required by the Licensing

Authority for the purpose.

4. In the said rules, in rule 14, after Clause (ii), the following

Clause shall be inserted, namely:

'(iii) for the grant and renewal of licence for keeping a

Video Cassette Library ........................... Rs. 500/- per annum.

5. In the said rules, in rule 40, in the last line, after the words 'exhibition

of films' and before the word 'in' the words 'and keeping a Video

Cassette Library' shall be inserted.

643

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

GANGTOK.

"APPENDIX IA"

(See Clause (V) of rule 2)

FORM OF LICENCE FOR KEEPING LIBRARYCASSETTE

1. Name and address of the licensee..........................

2. Name of his father and address.....................................................................

3. If the licensee is not the owner of

the building, the name and

address of the owner thereto ........................................ ...................................... ......

4. Situation of the place of building.. ....

5 The period for which the licence

is to be -in force ...................................................................................... ..............................

CONDITIONS OF THE LICENCE

This licence is granted to the above named licensee under Section 5 of the Sikkim

Cinemas (Regulation) Act, 1978 (20 of 1978) and is subject to the following conditions-

1. This licence does not exempt the licensee or his servants or agents from taking out any

other licence required by or otherwise complying with any other law or rules or bye-law made

thereunder;

2. The Licensing Authority or his subordinate duly authorised by him in that behalf and any

police officer deputed to maintain order shall at all times have free access to the said premises

in order to see whether the conditions of the licence are fulfilled ;

3. The Licensee shall in respect of each film in his possession produce when demanded by any

police officer not below the rank of a Sub-Inspector, a letter of consent ,from the person who is

the first owner of the copyright of the Cinematograph Film, under Section 17 of the Copyright

Act, 1957 (Central Act No .XIV of 1957) and in case such copyright has been assigned under

Section 18 of the said Act, from .the assignee of such copyright;

644

4. The Licensee shall not possess any other film other than a film which has been certified as

suitable for public exhibition by the authority constituted under Section 3 of the Cinematograph

Act, 1952 (Central Act No. XXXVII of 1952) and which when exhibited displays the prescribed

mark of that authority and has not been altered or tampered with in any way since such mark

was affixed thereto.

Gangtok :

Dated...................................... .198...... LICENSING AUTHORITY

GOVERNMENT OF SIKKIM

LOCAL SELF GOVERNMENT & HOUSING DEPARTMENT

GANGTOK

Notification No.1 / LSG & HD Dated Gangtok, the 31st March, 1987

In accordance with notification No.8 (41) 5 1980 dated 18 I 7 / 81, under sub. section (1)

of section 3 of the Sikkim Entertainment Tax Act, 1980 (8 of 1980), the State Government

hereby orders that with effect from 31/3/87 from evening show 5 P.M., the following rates of

Entertainment Tax shall be levied on the admission fees realized for Vazra Cinema Hall.

This notification shall supercede all previous orders on the subject:

Vazra Cinema Hall

Sl. Class Admission Entertainment Total

No. Rate Tax

1. Box Rs. 5.70 Rs. 4.30 Rs. 10.00

2. Dress Circle Rs. 4.50 Rs. 3.40 Rs. 7.90

3. Balcony Rs. 3.95 Rs. 2.95 Rs. 690

4. Rear Stall Rs. 2.55 Rs. 1.95 Rs. 4.50

5. Middle Stall Rs. 1.40 Re. .85 Rs. 2.256. Front Stall Re. 1.00 Re. .50 Rs. 1.50

(I)

The State Government may reduce the admission rates specified above if:

There is a public complaint that maintenance is not in accordance with

approved standard.

(2) The management has violated the provisions of the Sikkim Cinema Laws.

645

GOVERNMENT OF SIKKIM

MOTOR VEHICLES DEPARTMENT,

GANGTOK

No. 5/MV Dated the 11th May, 1984.

NOTIFICATION

In exercise of the powers conferred by sub-section (3) of Section 1 of the Sikkim Motor

Vehicles Taxation Act, 1982 (5 of 1982), the State Government hereby appoints the 1st day of

July, 1984 as the date from which the provisions of the said Act shall come into force in the

whole of Sikkim.

GOVERNMENT OF SIKKIM

MOTOR VEHICLES DEPARTMENT, GANGTOK

Notification No. 4/1 (297) Dated Gangtok, the 11/5/84.

SIKKIM MOTOR VEHICLES TAXATION RULES 1984

.

In exercise of the powers conferred by section 18 of the Sikkim

Motor Vehicles Taxation Act, 1982 (5 of 1982), the Government of

Sikkim hereby makes the following rules, namely:

1. Short title and

commencement

.

(1) These rules may be called the Sikkim Motor Vehicles Taxation

Rules, 1984;

(2) They shall come into force from the I st day of July, 1984.

2. Definitions. In these rules, unless the context otherwise requires.

(a) "Act" means the Sikkim Motor Vehicles Taxation Act. 1982.

5 of 1982;

(b) "Form" means a form appended to these rules;

(c) "owner of a motor vehicle" means the person registered as such in

relation to such motor vehicle by the registering authority and

includes a person having the use of a motor vehicle under a hiring

or hire purchase agreement;

(d) "section" means a section of the Act;

(e) "token" means a token issued under rule 5;

(f) "year" means the period covered by any four consecutive

quarterly periods specified in rule 9:

646

3. Production of motor: vehicle before Taxation Officer.

For the purpose. of assessing the tax, the Taxation Officer may require the owner of the

motor vehicle to produce or cause to be produced such motor vehicle for inspection on

such date, time and place specified in this behalf by the Taxation Officer.

4. . Grant of receipt. - If the Taxation Officer is satisfied that the amount of tax paid in respect

of a motor vehicle is correct he shall accept payment of the tax and grant a receipt for the

same in Form A which may if found necessary, contain such other particulars as are

specified below.

(1) The class of motor vehicle and the rate of tax payable thereof;

(2) For what period the tax has been paid;

(3) Whether the tax or additional tax has been paid or is due for a particular

period or quarter;

(4) Whether non-use of the vehicle has been intimated;

(5) Whether refund of the tax has been claimed or allowed;

(6) Whether the vehicle is exempted from payment of tax.

5. GRANT OF TOKEN.-(1) If the Taxation Officer is satisfied that the period-for which tax has

been paid and that the registration of the motor vehicle for which such tax is paid is valid, he

shall deliver to the person who has paid the tax a token in Form 8,

(2) When a token is issued for a motor vehicle of which the registration is still pending with

the registering authority, the Taxation Officer shall leave the item relating to the

registration number blank. On receipt of the certificate of registration, the owner of the

motor vehicle shall produce the token together with the certificate of registration before the

Taxation Officer who shall thereupon enter the registration number of the motor vehicle in

the token and in his register.

(3) Every token issued under this rule shall be returned to the Taxation Officer either on

its expiry or at the time of payment of the tax for the subsequent year or quarter. It shall

be defaced by the Taxation Officer and filed in his office.

6. MANNER OF EXHIBITING TOKEN,-The token granted under rule 5 in respect of every

motor vehicle shall be carried in a holder made of metal which shall be water proof. It

shall be exhibited in a conspicuous portion on the front side of a motor vehicle and affixed

in such a way so as to be clearly visible to a person standing beside the vehicle in front of

or in level with the driver's seat;

647

Provided' that in the case of a trailer the token shall be affixed on the left hand

side of the trailer and in' the case of a motor cycle it shall be affixed on the handle bar.

7. RESPONSIBILITY OF OWNER FOR TOKEN.-(l) If any token issued under the Act and

these rules is lost, destroyed, defaced, changed, altered or has otherwise become illegible,

the owner of the motor vehicle in respect of which it was issued, shall immediately report

the facts to the Taxation Officer and apply for a duplicate token.

(2) If the original token which has been reported to be lost is subsequently found the same

shall be surrendered to the Taxation Officer.

8. VEHICLES EXEMPT FROM PAYMENT OF TAX.-(l) Any motor vehicle exempted from

payment of the tax under section 17 of the Act shall carry documents

in support of such exemption instead of token. .

.(2) Any person in charge of motor vehicle exempted from the payment of the .tax shall make,

a. report to the Taxation Officer ,in the month of April every year stating whether the

circumstances in consideration of which' the motor vehicle was so exempted during the

preceding 'year exists at the time. .

9. QUARTERLY PERIODS.-The quarterly periods referred to in section 4 of the

Act shall be the following four periods

beginning from the and ending on the

First day of April

First day of July .. First day of October, and First day of January;

10. Appeal under section 11 of the Act to Appellate Authority.

last day

last day

last day

last day

of June;

of- September;

of December; and

of March respectively.

.( 1) The Secretary. to the Government ,of Sikkim in the Motor Vehicles Department , shall

be the appellate authority under the Act.

. (2) Any person aggrieved by an order made by a Taxation Officer under the Act

or these .rules may, within 'thirty days' from' the date of receipt of' such order, prefer an

appeal to the appellate authority;

provided that an appeal may be admitted after the expiry of the period of thirty days

if the appellant satisfies the appellate authority that he had sufficient cause for not

preferring the appeal within that period.

648

11.

(3) An appeal under sub-rule (2) shall be preferred in duplicate' in 'the form of a

memorandum setting forth concisely the grounds of appeal in relation- to the order

appealed against and shall be accompanied by a certified copy of that order and a fee of

twenty-five rupees.

Procedure on appeal.-Where an appeal is preferred under rule 10, the appellate' authority

shall give an intimation thereof to the Taxation Officer against 'whose order the appeal is

preferred and may, after giving an opportunity to the parties concerned to be heard and

after making such enquiry as it deems fit, either confirm, modify or set aside the order of

the Taxation Officer. The decision of the appellate authority on such appeal shall be final.

FORM-A

(See Rule 4)

Grant of receipt

No... ... Dated the.......................... .................199...

Received from........................................................... .................................

the sum of Rs .............................

on account of.................................................... .................................................................:. ......

credited to... : ............ .................................. ... ... .................................... ..................... .........

Rs......

Signature

Designation

Cashier

FORM A( D UPLICA TE )

(SEE Rule 4)

Grant of Receipt

No ....................... .. ...... Dated the... . . ............... . .. ... .. .. ... ... 199...

Received

the sum of Rs ................................................. ............................... ......

on, account

credited

from. . . . . . . . . .. . . . . . ... . . . . . . .

of.................. ...

to... . . . . .. . . . . . . . . . .. . . .. . . . . . . . .. .. .. . .. .

Rs...................... . . . ... . ... .. .. .. . . ..........

Signature

Cashier... Designation....

... .. . . . . . . .. . .. .. . . . .. . . . .. .. . ... .. .. . . .. . .. .... .. ... . ... .. . .. . ......

649

FORM B

( See Rule 5. )

Grant of Token

SIKKIM MOTOR VEHICLES

TAXATION ACT, 1982

Token No.......

Area .............................................................................................................................. ......

Vehicle .................................... ... ......

Class........................... ................................ ....

Expires............................................

Taxation Officer.

Counterfoil of Token

(See reverse)

The Sikkim Motor Vehicles Taxation Act, 1982.

.. . .....................................Area.

Token No.............................................................................Granted to .... . ............................

in respect of

which tax has been paid under sub-part ............. ......

vehicle No... ................................................................on

of part . of the

.schedule for the period

vide receipt/challan No ..................... ...................dated.. . ... ... .....................

.

Clerk Taxation Officer.

from........... . .................................................... ......... .................. ....

650

Description

The token shall consist of a circular piece of cardboard or stout paper with a diameter of

2 11/16 inches on which shall be entered:

(1) The number of the token,

(2) the area for which the token has been granted,

(3) the registration mark of the vehicle in respect of which the token has been

granted,

(4) the sub-part and part of the Schedule under which the tax has been paid e. g.

a private car will have "A(3)" entered under -the heading "class",

(5) the date on which the token expires, and

(6) the signature' of the Taxation Officer.'

GOVERNMENT OF SIKKIM

MOTOR VEHICLES DEPARTMENT

No. 6/MV/S. Dated Gangtok, the,26th July, 1984.

NOTIFICATION

In exercise of the powers conferred by section 3 of the Sikkim Motor Vehicles Taxation

Act, 1982 (5 of 1982), the State Government hereby appoints, the officer mentioned in column

(2) of the Table below and further specifies that they shall exercise their powers in the' areas

mentioned in column (3) 'of the 'said Table: .

THE TABLE

Sl. No. Designation of officer Areas

(1) (2) (3)

1.

2.

3.

Secretary, State Transport, Authority.

Senior Regional Transport Officer, Jorethang.

Regional Transport Officer, Gangtok.

Throughout the State of Sikkim.

South and West Districts.

North and East Districts.

651

RURAL DEVELOPMENT DEPARTMENT GOVERNMENT

OF SIKKIM

Notification No.1 (37A) NOT/RW/P/75-76/PI/4953/RDD, Dated Gangtok the 23rd

February, 1983

THE SIKKIM PANCHAYAT ( Election of Sabhapati, Up-Sabhapati and Sachiva of Gram

Panchayat and Adhakshya, and Upadhakshya of Zilla Panchayat and manner of convening

meetings) RULES, 1983.

RURAL DEVELOPMENT DEPARTMENT

(GOVERNMENT OF SIKKIM)

NOTIFICATION No.1 (47A) NOT/RW/P/75-76/PI/4953/RDD

Dated Gangtok the 23rd February, 1983.

In exercise of the powers conferred by section 118 of the Sikkim Panchayat Act, 1982 (3

of 1982) the State Government hereby makes the following rules, namely.

1. Short title and commencement.

(1) These rules may be called the Sikkim Panchayat (Election of Sabhapati, UpSabhapati

and Sachiva of Gram Panchayat and Adhakshya and Upadhakshya of Zilla

Panchayat and manner of convening meetings) Rules, 1983.

2. Definitions.

(1) In these rules, unless the context otherwise requires.

(a) "Act" means the Sikkim Panchayat Act, 1982;

(b) "ballot box" includes any box or other receptacle used for insertion

of ballot papers by voters;

(c) "candidate" means a person who has been or claims to have been

duly proposed and seconded as a candidate at any election by the

members;

(d) "Director of Panchayat Election" means the officer of the State Government

appointed as such under rule 3 of the Sikkim Panchayat Election Rules, 1982 ;

(e) "Form" means a form appended to these rules and includes a form in any of the

languages used for the official purposes of the State of Sikkim ;

652

(f) "prescribed authority" means the Director of Panchayat Elections and includes

the District Collector and the Deputy District Officer-cum Planning Officer

(g) -"presiding Officer" includes any polling officer performing any of the

functions of a presiding officer under the provisions of these rules;

(h) "section" means a section of the Act.

(2) The expressions used in these rules and not defined but defined in the Act or the

Sikkim Panchayat Election Rules, 1982 shall have the meaning respectively assigned

to them in the Act and the Rules.

3. Election of Sabhapati and Up-Sabhapati of- Gram Panchayat.

(1) As soon as may be after the constitution of a Gram Panchayat is notified in the official

gazette under sub-section (1) of section 6, but before the expiration of thirty days from the

date of publication of the notification, the prescribed authority shall call a meeting of all the

members of such Gram Panchayat for taking of the oath of office and for the election of a

Sabhapati. Upsabhapati and Sachiva of the Gram Panchayat by serving on each member

a notice of not less than seven days specifying therein the date and time of such meeting.

(2) Such meeting shall be -presided over by the prescribed authority or such other

officer as may be authorised by the prescribed authority. The prescribed authority or

such other officer authorised by him shall not be entitled to vote at the election.

(3) On the date of the meeting if there is no quorum as provided for in subsection (3) of

section 13 within an hour of the time fixed for the meeting the Presiding Officer shall

adjourn the meeting. The adjourned meeting shall be held on such date, place and

time as may be fixed by the prescribed authority and the provisions regarding notice to

members of the Gram Panchayat referred to in sub-rule (l) shall apply:

Provided that no quorum shall be necessary for an adjourned meeting.

(4) The members who are required to take oath of office under section 88 shall, before

taking their seats, make and subscribe an oath or affirmation before the Presiding

Officer in the form set out for the purpose in the Schedule appended to the Act.

(5) The Presiding Officer shall, immediately after the commencement of the meeting, call

upon the members present to propose and second names of the candidates from

amongst themselves for election of Sabhapati of the Gram

653

Panchayat. He shall record the names of the candidates proposed together with the

names of the proposers and seconders. The Presiding Officer. shall reject any

proposal if the candidate refuses to stand for the election and he may not accept any

proposal after the list of candidates has been finalized by him.

(6) If only one candidate is proposed and seconded the Presiding Officer shall declare him

to be the duly elected Sabhapati of the Gram Panchayat by filling up Form 2.

(7) If more than one candidate have been proposed and seconded and have agreed to

stand for election, the Presiding Officer shall conduct the election in the following

manner, namely :-

(a) The Presiding Officer shall cause to be prepared as many ballot 'papers as there are

members present containing the names of candidates arranged according to the

alphabetical order of their surnames in Form 3 in such language or languages as the

Director of Panchayat Elections may direct.

(b) The Presiding Officer shall, immediately before the commencement of the election,

satisfy all members present that the ballot box is empty and also allow the members

present to inspect the ballot box and thereafter secure and seal such ballot box and

have it kept at a place which can be seen by himself and all the members present.

(c) The Presiding Officer shall, thereafter, hand over one such ballot paper as prepared

under clause (a) to each member present after putting his initial on the back of each

ballot paper. He shall then ask each member in turn to record his vote at a table so

placed that no other person can see such member while putting the mark "X" in the

place provided for the purpose in the ballot paper opposite the name of the, candidate

for whom he intends to vote, to fold it up and insert it into the ballot box.

(d) If a member is unable to write or is physically incapacitated from voting, the Presiding

Officer shall, at the request of such member, take him to record his vote to the. table

so placed, ascertain his choice and accordingly mark the ballot paper, fold it up and

insert it into the ballot box. The Presiding Officer shall cause such arrangements to be

made as to ensure secrecy of the ballot paper.

(8) Immediately after the voting is over, the Presiding Officer shall open the ballot box in the

presence of the members present, take out the ballot papers there from, count them and

record the number thereof in Form 4.The Presiding Officer shall reject any ballot paper if

654

. (a) it 'bears the signature of the voter or contains any word or sign or visible

representation by which such voter can be identified; or

(b) the mark "X" is placed against more than one name; or

(c) the mark "X" is so placed thereon as to make it doubtful for which candidate the vote

was intended to be given; or

(d) it does not bear the signature of the Presiding Officer.

(9) After completion of counting and recording the number of votes received by each

candidate, the Presiding Officer shall declare the candidate who has secured the

highest number of votes to be duly elected Sabhapati of the Gram Panchayat. In case

of equal number of votes being recorded in favour of two or more candidates, selection

shall be made from such candidates by draw of lots in such manner as the Presiding

Officer shall deem fit and thereupon the candidate thus selected shall be declared to

be duly elected as Sabhapati of the Gram Panchayat.

(10) After the election of the Sabhapati, the election of the Up-Sabhapati shall be taken up

and be conducted in the same manner as specified in sub-rules (5), (6), (7), (8), and

(9).

(II) (I) After the election of Up-Sabhapati, the election of Sachiva of Gram Panchayat under

section 24 shall be conducted in the same manner as specified in sub-rules (5), (6),

(7), (8), and (9).

(2) No member who is not able to read or write any of the official languages of the

State shall be qualified to be elected as a Sachiva.

(3) Where no such person as referred to in clause (2) is available, the Gram

Panchayat may appoint any person including a person in Government service with the

- previous approval of the State Government and such person may be paid such

honorarium as the State Government may determine.

(12) The Presiding Officer shall forward the names of the Sabhapati and the UpSabhapati to

the prescribed authority who shall publish the same in the locality in such manner as

he may think fit. The prescribed authority shall forward the names of Sabhapati and

Up-Sabhapati to the Director of Panchayat Elections for publication. The Director of

Panchayat Elections shall publish the names of the Sabhapati, Up-Sabhapati and

Sachiva in the Official Gazette.

(13) The Forms and other papers relating to the election of Sabhapati, Up-Sabhapati and

Sachiva shall be sent by the Presiding Officer to the prescribed authority for safe

custody. The prescribed authority shall keep the papers in safe custody for six months

after which these Forms and papers may be destroyed in such manner as the

Director of Panchayat Elections may direct.

655

4. . Election of Adhakshya and Upadhakshya of Zilla Panchayat.

(1) As soon as may be after the constitution of a Zilla Panchayat is notified in the Official

Gazette under sub-section (1) of section 42 but before the expiration of thirty days

from the date of publication of the notification. the prescribed authority shall call a

meeting of all the members of the Zilla Panchayat for taking of the oath of office and

for the election of Adhakshya and Upadhakshya of the Zilla Panchayat, by serving on

each member a notice of not less than seven days specifying therein the date and

time of such meeting.

(2) Such meeting shall be presided over by the prescribed authority or such officer not

below the rank of a Gazetted Officer of the State Government as may be authorised by

the prescribed authority and such officer as well as the prescribed authority shall not

be entitled to vote at the election.

(3) On the date of the meeting if there is no quorum as provided for in subsection (3) of

section 48 within an hour of the time so fixed for the meeting, the presiding officer

shall adjourn the meeting. The adjourned meeting shall be held on such date, place

and time as may be fixed by the prescribed authority and the provisions regarding

notice to members of Zilla Panchayat as referred to in sub-rule (1) shall apply:

Provided that no quorum shall be necessary for an adjourned meeting.

(4) The members, other than member referred to in clause (c) of sub-section (2) of section

12, who is required to take the oath of office under section 88 shall before taking the

seats, make and subscribe an oath or affirmation in the Form set out for the purpose in

the Schedule appended to the Act.

(5) The Presiding Officer shall' then conduct the election of the Adhakshya and

Upadhakshya in the same manner as is specified in sub-rules (5), (6), (7), (8), (9),

(10), (12), and (13), of rule 3.

5. Resignation of and filling up of a casual vacancy in the office of the Sabhapati or Up-

Sabbapati of a Gram Panchayat and Adhakshya or Up-adhakshya of a Zilla Panchayat.

(1) As soon as may be but not before the expiration of thirty days from the date any casual

vacancy in the office of Sabhapati, Up-sabhapati or Sachiva ; of Gram Panchayat and

Adbakshya or Upadhakshya of a Zilla Panchayat is caused by reason of death,

resignation, removal or otherwise, a Gram Panchayat or Zilla Panchayat shall call a

meeting of all the members for the election of a Sabhapati, Up-sabhapati, or Sachiva of

a Gram Panchayat or an Adhakshya or an Upadhakshya of a Zilla Panchayat, as the

case may

656

be, by fixing a--date, place and time. and causing a written notice to this. effect. to be

served on each member by giving a reasonable time being not less than seven days

before .the date so fixed for such meeting.

(2) On the date .of the meeting if there is no quorum as provided for in subsection (3) .of

section 13 or sub-section (3) of section 48 within an hour of the time so fixed for the

meeting, the Gram Panchayat or Zilla Panchayat, as the case may be, shall adjourn

the meeting. The adjourned meeting shall be held on such date, place and time as

may be fixed by ,the Gram Panchayat or the Zilla Panchayat, and the provisions

regarding notice to members referred to in sub-rule (1) shall apply:

Provided that no quorum shall be necessary for an adjourned meeting.

(3) The Gram Panchayat or Zilla Panchayat shall then conduct the election of 'the

Sabhapati or Up-sabhapati or Sachiva or Adhakshya or Upadhakshya as .the case

may be, in the same .manner as is specified in sub-rules (5), (6), (7), (8), (9), (10), (11)

and (12) of rule 3 as far as applicable.

. (4) The papers relating to an election to fill a casual vacancy shall be kept in the safe

custody by the Gram Panchayat or Zilla Panchayat for six months after which they

may be destroyed in such manner as the Director of Panchayat Elections may direct

FORM 1

[ See sub-rule (l) or sub-rule (3) of rule 3 or sub-rule (l) or sub-rule (3) of rule 4 ]

Form of notice of meeting for taking of oath and/or for election of *Sabhapati, or Up-

Sabhapati and Sachiva of Gram Panchayat or Adhakshya and Upadhakshya of Zilla

Panchayat.

In pursuance of the provisions under *sub-rule (1) or sub-rule (3) of rule 3and sub-rule (1) or sub-

rule (3) of rule 4 of the Sikkim Panchayat (elections of Sabhapati, Up-Sabhapati and Sachiva of

Gram Panchayat and Adhakshya and Upadhakshya of Zilla panchayat and manner of convening

meeting) Rules, 1983, notice is hereby given for a meeting of the**.. ...Gram Panchayat/ Zilla

Panchayat to be held at the time, place and on the date fixed below to take oath and/or to elect

Sabhapati, Up-Sabhapati and Sachiva of Gram Panchayat and *Adhakshya and Upadhakshya of

Zilla Panchayat.

657

All members of Gram Panchayat/Zilla Panchayat are requested to attend.

Date Place Time

(1) (2) (3)

Date.. ................ .. .. ..

Place ...... " ~ .

Prescribed Authority .

' *Strike off the words and figures which are not applicable.

*'Appropriate particulars of the election to be inserted here.

FORM 2

[ See *sub-rule (6) or sub-rule (10) or (11) of rule 3, or sub-rule (5) of rule 4 or sub

rule (3) of rule 5]

Form of declaration of result of an uncontested election in the Office of'

*Sabhapati or Up.Sabhapati or Sachiva of Gram Panchayat and Adhakshya or Up-

adhakshya of Zilla Panchayat.

In pursuance of the provisions of sub-rule (6) or sub-rule (10) or sub-rule (11)

of rule 3. or sub-rule (5) or rule 4 or sub-rule (3) of rule 5 of the Sikkim Panchayat

(Elections of Sabhapati, Up-Sabhapati and Sachiva of Gram Panchayat and Adhakshya'

and Up.adhakshya of Zilla Panchayat and manner of convening meetings) Rules, 1983,

the following candidate(s) is/are hereby declared as duly elected Sabhapati/Up-Sabha

pati/Sachiva of Gram Panchayat and Adhakshya/Upadhakshya of Zilla Panchayat.

Name of the Gram

Panchayat/Zilla 'panchayat

(1)

Name and address of the

candidate(s) elected.

(2)

Name of Office to

which elected

(3)

Date ....................... ..

Place..

Signature of the Presiding Officer,

658.

FORM 3

(See *sub-rule (7) or sub-rule (l0) or sub-rule (11) of rule 3, sub-rule (5) of rule 4. sub-rule (3) of

rule 5 ).

Form of Ballot Paper for election of *Sabhapati/Up-Sabhapati/Sachiva of **..........

...... ................................ Gram Panchayat and Adhakshya/Upadhakshya/of ............

............. ... Zilla Panchayat.

Serial No.

(1)

Name (s) of candidate (s)

(2)

For mark (X) by voter

(3)

1

2

3.

4.

5.

6

Place... .......... .................. ~

Date ............................ ...... (Signature of Presiding Officer)

** Strike off the words and figures which are not applicable.

Appropriate particulars of the election to be inserted here.

659

FORM-4

(See sub-rule (6) or sub. rule (10) or sub-rule (11) of rule 3, or sub-rule (5) of rule 4 or sub-rule

(3) of rule 5).

Form of recording the number of valid votes in an election of *Sabhapati/Up-Sabhapati of

Gram Panchayat/Adhakshya/Up-adhakshya of Zilla Panchayat.

In pursuance of the provisions under *sub-rule (3) or sub-rule (10) or sub-rule (11) of rule 3 or

sub-rule (5) of rule 4 or :sub-rule (3) of rule 5 of the. Sikkim Panchayat

(Elections of Sabhapati and Up-Sabhapati of Gram Panchayat and Adhakshya and

Upadhakshya of Zilla Panchayat) Rules, 1983 the number of valid votes received by the

candidate(s) in an election of *Sabhapati/Up-Sabhapati' of a Gram Panchayat or Adhakshya /

Upadhakshya of Zilla Panchayat is recorded below:

Name of *Gram Panchayat

Zilla Panchayat. Name of candidates. (1) (2)

Nature of Office on

which election held. (3)

Number of valid

votes secured.

(4)

I.

2.

3.

4.

5.

6.

Date. ......................................... . . .. . ..... . ....................... ............

Place ...................................... " . (Signature of the Presiding Officer)

*Strike off the words and figures which are not applicable.

660

SIKKIM NATlONALISED TRANSPORT

GANGTOK ,

Notification No. 11- T Dated 7..7-83.

" ,

Short title &

L commencement..

Definitions.

'."

In exercise of the powers conferred by Section 45 of the ,Sikkim

Nationalized Transport (Prevention of Ticketless Travel and Miscellaneous

. Provisions) ACT, 1981 (Act No. 10 of 1981), the State Government hereby

makes, the following rules, namely:

1. (1)These rules may be called the Sikkim Nationalised Transport

(Prevention of Ticketless Travel' and Miscellaneous Provisions).

Rules 1983.

(2) They shall come into force from the, date of their publication in

the Official Gazette.

2. In these rules, unless the context otherwise requires:

a) "Act" means the Sikkim Nationalised Transport (Prevention

of Ticketless Travel and Miscellaneous Previsions) Act, 1981

b) "section and sub-section" means the section and the sub. section of the Act .. .', . , .. _.. . c) the expressions used in these rules and not defined shall have

the meanings respectively assigned to them in the Act.

Rate of the excess 3. A person who carries or causes to be carried goods by a transport

charges payable vehicle of the Sikkim Nationalised Transport without payment of carriage'

under section charges or makes a false declaration in relation to the weight of the

9((2) goods. so carried shall pay the excess charge at the rate of Re. I/per

Kg for the quantity carried in excess of the permissible limit: .

.

Provided that the excess charges shall not exceed rupees. Rs 100/ in

one case

4. (1) A passenger may carry goods upto twenty kgs. either inside the

vehicle or on the luggage carrier without making payment for the

same.

(2) Small suit cases like brief case etc. of the size not exceeding

twenty-one inches in length may be carried inside the transport

vehicle, provided that carrying of such suit cases etc: does 'not' result

in any inconvenience to the other travelling passengers.

'(3) Beddings and bed rolls shall not ordinarily be permitted

to be carried inside the. vehicle. .

661

(4) Besides the weight of the goods specified in sub-rule (1), a

passenger may carry with him inside the vehicle an umbrella or a

hand bag not exceeding eighteen inches in length.

Form of forward-

ing note.

5. (I) The forwarding note shall be prepared in quadruplicate in Form A and

shall be signed by the consignor and the member of the staff of the

Sikkim Nationalised Transport.

(2) The delivery of goods may be given to the consignee or its agent or

an endorsee on production of a copy of the consignment note.

(3) Where the consignee fails to produce a copy of the consignment

note for any reason or the consignment note is found to he in a

mutilated condition, a member in charge of the staff responsible for

giving delivery of the goods may deliver the goods on execution of a

security bond signed by the consignee, its agent or endorsee in Form

B.

Offensive or

dangerous goods

which may not

be carried in the

transport vehicle.

6. (1) Any goods which emit foul or unpleasant smell which may cause

annoyance to the passengers may notwithstanding anything

contained in sub-rule (1), including the following goods, shall not be

permitted inside the vehicle:

b) . gas cylinders,

d) Skins of animals,

f) explosives as defined in the

Explosives Act, 1884 (4 of 1884),

g)any other goods which are considered dangerous for carrying inside the

vehicle due to their tendency to explode or due to their tendency to cause any

communicable or epidemic disease;

a) dry fish,

c) live chicken/goat or sheep

e)dogs and pups

Provided that dry fish, live chicken, dogs and skins of animals may be

allowed to be carried on the luggage carrier if they are properly packed and

secured.

7. (I) The free time for which goods may be kept at a destination shall be

three hours.

(2) The consignee, his agent or endorsee shall take delivery of goods

within one hour of the receipt of the intimation about arrival of goods at the

destination station.

(3} The intimation referred to in sub-rule (2) shall be in form C.

(4) As soon as may be or after the expiry of three hours the goods shall

be unloaded and kept in the warehouse of the Sikkim Transport.

662

(5) The cost of unloading the goods at a destination station shall be

payable by the consignee, his agent of' endorsee.

"

(6) If the consignee, his agent or endorsee fails to take delivery of goods

within the free-time referred to in sub. rule(1)such consignee, his agent

or endorsee shall pay to the Sikkim Transport the following' charges on

account of detention, demurrage and wharfage:

(a) DETENTION OR DEMURRAGE CHARGES:

i) for full truck weighing 5 tons or more at the rate of Rs. 30/

per hour or part of an hour up to three hours;

ii) full truck weighing less than 5 tons at the rate of Rs. 20/-per

hour or part thereof upto three hours;

iii) for detention exceeding three hours the charges for trucks referred to in

clauses (i) and (ii) shall be Rs. 45/- and Rs. 50/respectively.

(b) WHARFAGE CHARGES: When goods are booked in smalls at the

rate of 0.50 per quintal for every twenty four hours' or part thereof.

8. (1) Where the consignee, his agent or endorsee fails to take delivery of

goods of perishable nature, the Sikkim Transport may, after the expiry of

twenty four hours from the free-time referred to in sub-rule (1) of Rule 7

dispose off the goods by public auction by giving oral intimation to the

dealers who ordinarily deal in such perishable goods.

(2) The sale proceeds of the public auction referred to in sub. rule (1)

shall be deposited in the suspense account and shall be paid to the

consignor or consignee when they claim after deducting there from the

charges on account of freight, if any, demurrage and wharfage charges

including unloading charges.

(3) Where the consignor, consignee or endorsee fails to take delivery

of goods, other than the perishable goods within thirty days of the date of

intimation. the State Government may dispose off by public auction by

publishing a notice to that effect in the Sikkim Herald giving the place, date

and time of such public auction.

(4) The notice referred to in sub-rule (3) shall be published at least

twice in the Sikkim Herald and shall also be affixed on the Notice Board of

the Gangtok Offices and other Sikkim Transport offices, as the case may

be.

663

(5) The sale proceeds of the goods disposed off by public auction

referred to in sub-rules (1) and (3) shall be sold to the person who gives the

highest bid:

Provided that no officer or employee of the Sikkim Transport

shall be permitted to bid at such public auction.

9. The conditions with respect to the receiving, accepting, booking, loading,

forwarding or carrying of any goods shall be such as are given etc. in

the reverse of the consignment note.

SECURITY BOND

FORM-B

(See Rule 5)

I,.. ........ .............................................. .son of......

residing at .............. ................. hereby.............................state ................ that

I have... ..........

(a) lost the consignment note,

(b) the consignment note in my name is torn and the writing therein is not

visible,

(c) the consignment note is in a badly mutilated condition.

I request the S.N.T. Department to deliver the goods covered by the consignment note

No:......................date ................................... other person claims under the same consignment

note I shall return to the S.N.T. Department the goods in the same form in which I have taken

delivery thereof or pay to that Department such amount on account of the price of the said,

goods as may be determined by the said Department.

Signed in the presence of:

1. .......... .............................................. .........

2. ................. .............

664

INTIMATION FORM

FORM-C

(See Rule 7)

" - .

~

Whereas the goods covered by consignment note ................................................................

dated.............................................. ....... .issued at .......... ................. have been " .' . received at the Booking Station at...................................................... at..............................hours

You are hereby called upon to take delivery of the goods under the consignment aforesaid

within one hour from the receipt of the intimation.

Signature ................................

1. Name of the consignor Designation .............. .

"

Name of the consignee .. , ..

""'" """'''' .''''''

2 Mr.............

at.................

NOTIFICATION

Dated 7.7.83

In exercise of the powers conferred by sub-section (3) of section 1 of the Sikkim.'

Nationalized Transport, (Prevention of Ticketless Travel and Miscellaneous Provisions) Act,

1981, (10 of 1981 ), the State Govt. hereby appoints the 15th July 1983 as the date on which

the provisions of the said Act shall come into force.

NOTIFICATION

Dated 7. 7. 83

In exercise of the powers conferred by section 7 of the Sikkim Nationalised

Transport (Prevention of Ticketless Travel and Miscellaneous Provisions) Act 1981 (10 of

1981) the State Government hereby declares the places specified in column (1) of the Table

below as a Bus Stand or Bus Stops as mentioned in column (2) of the said table.

Place

(1)

Bus Stand or Bus Stop

(2) ...

665

.NOTIFICATION

ll/T/3 . -- - Dated 1. 7. 83

In exercise of the powers conferred by section 8 of the Sikkim Nationalised

Transport (Prevention of TicketIess Travel and Miscellaneous 'Provisions) Act, 1981 (10 of

1981 ), the State Government hereby authorizes all the S. Is of Police in the State to enter in

any transport vehicle and require a person travelling in such transport vehicle' to present his

ticket or carriage receipt for examination.

NOTIFICATION

II/T/4. Dated 7.7.83

In exercise of the .powers conferred by Section 15 of the Sikkim Nationalized

Transport (Prevention of Ticketless Travel and Miscellaneous Provisions) Act, 1981 (10 of

1981), the State Government hereby determines that every passenger who has attained the

age of 12 years shall pay full fare while travelling in a transport vehicle of the Sikkim

Nationalised Transport.

NOTIFICATION lI/T/5 . .. .Dated 7.7.83

. .. In exercise of the . powers conferred by. section -24 of the Sikkim

Nationalised- Transport (Prevention of Ticketless Travel and Miscellaneous provisions)

Act,-1981 (10 of 1981) .the. Sikkim Nationalised Transport has authorized the following Agents

for sale of tickets:

1) Agent, Darjeeling

3) Agent, Pakyong

5) Agent, Ranipool.

2)

4)

Agent, Kalimpong

Agent, Penlong

NOTIFICATION

II /T / 6 Dated 7.7.83

In exercise of the powers conferred by Section 29 of the Sikkim Nationalised

. Transport (Prevention of Ticketless Travel and Miscellaneous Provisions) Act, 1981 (10

of 1981) a table of passenger fares, tariffs distance tables, rate tables and a list of fares

from Station to Station is to be displayed at all Sikkim Transport Offices.

NOTIFICATION

. Il/T/7 Dated 7.7. 83

In exercise of the powers conferred by section 19 of the Sikkim Nationa1ised Transport

(Prevention of Ticketless Travel and Miscellaneous Provisions) Act, 1981 (10 of 1981), the S.

N. T. Department hereby authorizes drivers, conductors and checking staff of the Sikkim

Nationalised Transport (including Transport Inspectors and other Officers) to remove

passengers from the transport vehicles when such passengers do not behave in accordance

with the provisions of clauses (a) and (b) of the said section.

666

SIKKIM NATIONALISED TRANSPORT

GOVERNMENT OF SIKKIM

HEAD OFFICE: GANGTOK FORM A

C. No ......... .............. ..................

Originating Station....... ..

Dated:............... .........

Vehicle. No: .................................................. .........

T. M. C. No

Name of driver................................... .......... .........

D. L. No:...................... ......

CONSIGNMENT NOTE

Consignor ........................ ............ Consignee......... .

Address........ .........................................................Address........... ......

......................................Phone No ......

Carriage FROM : ...................................To : ..............................................DELIVERY AT :.........

Received the goods as detailed below for carriage subject to the conditions mentioned

overleaf and published in the Sikkim Government Gazette No:...........................19............

Sl. Method Nature of Actual Wt. Consignors' Rate Freight B.R.No. No. of packing goods said Wt. Kg. charged. declared charged & date. to contain Kg. value Rs. P. Amount (I) (2) (3) (4) (5) (6) (7) (8) (9)

TOTAL:

The consignor hereby declares that the particulars furnished by him or his agent are correct.

No prohibited articles are included and he is aware of and accepts the conditions of carriage.

667

"'"........ .., ." """ ""' .............. '"''............. '"'''' ............

Signature of consignor Signature of Booking-in-Charge

ACKNOWLEDGEMENT BY THE CONSIGNEE

Received the .above mentioned goods in sound condition.

Remarks, if any................................................(Signature of the Receiver or his Agent with

Rubber Seal & Date).

Distribution of copies of C/N.

(1) Yellow : CONSIGNOR'S copy.

(2) Green Copy: Originating Station for record.

(3) Pink Copy: For H. O. for billing.

(4) Blue Copy: To H, O. for billing. (WGY/Red numbers)

(5) White Copy: Starting Station SNT.

SIKKIM NATIONALISED TRANSPORT

GOVERNMENT OF SIKKIM

GENERAL TERMS AND CONDITIONS OF CARRIAGE OF GOODS

No.1.

Every consignment shall (except as otherwise agreed in writing) be accompanied by

a consignment note. or declaration in which shall be stated:

a) the full name and addresses of the sender (consignor) and the consignee;

b) the station or place of destination and the route by which the consignment

is to be conveyed;

c) where practicable the total weight of the consignment.

No.2.

The Sikkim Nationalised Transport shall carry the consignment booked at the

owner's risk.

Provided that the terms "at the owner's risk" used in the consignment note shall only

mean that the consignor would be liable for any loss or damage to the consignment which are

Iying with the Sikkim Nationalised Transport if such loss or damage was not caused by any

negligence on the part of the Sikkim Nationalised Transport or its servants.

No.3. The Sikkim Nationalised Transport shall not guarantee delivery of consignment

within any specified period and shall not be liable for loss, damage,. deviation, misdelivery

668

delay. or detention. of .consignment or any part thereof unless occasioned by the neglect or default

on the part of the Sikkim Nationalised Transport or its servants or its agents.

No.4.

a) In the event of any interruption of communications (including imposition of gate

timings) on. the booked .and customary routes due to. causes beyond the control of

the Sikkim Nationalised Transport, the Sikkim Nationalised Transport at its own

discretion and on its own liability may cause the traffic to be diverted through the

shortest route in order to meet its operational convenience.

b) Notwithstanding the change of route or of the carrier or: of enhanced

freight ,any consignment note held in respect of. the consignment shall be

equally operative over the route by which the consignment is conveyed.

No.5.

The Sikkim Nationalised Transport shall be liable for every act of its agents. Unless

the loss or injury or damage of the goods booked through SNT is, while they were in the course

of transit, caused by the act of God or is the consequence of inherent vice in the thing carried or

is attributable to the consignor's own fault, the Sikkim Nationalised Transport shall still be liable

even if, under the circumstances, it was found to have acted with reasonable care and

prudence.

Provided that its liability shall be limited to the value declared and not value of the

actual contents of the package consigned.

the

No.6.

The consignee or any holder of the receipt of consignments or its authorised agent

should ascertain the date and time of arrival of consignment from the Sikkim Nationalised

Transport's nearest booking office or its Head Office and the delivery of goods shall be taken

from its vehicles or ware-houses within one hour of arrival failing which detention charges as

given in the Schedule shall be charged.

No.- 7.

The Sikkim Nationalised Transport shall reserve the right to reweigh and remeasure a

consignment before delivery at the delivery station without assigning any reason thereon. This

shall be done before the presence of the consignee or the holder of the receipt or his duly

authorised agent and it shall collect any undercharge before effecting delivery of such

consignment.

No.8.

The Sikkim Nationalised Transport shall deliver the goods to the consignee or the

holder of the receipt or his duly .authorised agent in the like order and condition as received by

it. The consignee or the holder of the receipt or his duly authorised agent shall have the right

of recourse of action against the Sikkim Nationalized

669

Transport for all claims arising thereon. Such claims shall be made in writing to the General,

Manager within the period as mentioned in Clause No. 15 after the termination of the transit of

the consignment, or the part of the consignment in respect of which the claim arises.

No. 9.

The transit shall unless otherwise previously determined, be deemed to come to an

end on the goods reaching its destination station.

No. 10.

The Sikkim Nationalised Transport reserves

transportation without. assigning any reason thereon.

the right to refuse goods for

No. 11.

The Sikkim Nationalised Transport reserves the right to dispose of perishable goods

lying undelivered after 24 hours of arrival, without giving any notice, if the consignee is unable,

for no fault of the Sikkim Nationalised Transport, or is unwilling to take delivery.

No. 12.

(a) The Sikkirn Nationalised Transport reserves the right to dispose of other than

perishable goods lying undelivered after 30 days of arrival, at the expiration of one

clear day after the receipt by the consignee or the holder of the receipt or his duly

authorised agent of notice in writing (or by telephone) if so towards this effect or if

refused by the consignee or not delivered because the name and address of the

consignee are not known or cannot be ascertained and in either case the sender

fails to take delivery or to give instructions for disposal.

(b) The Sikkim Nationalised Transport may sell the same and pay the proceeds of

such sale, after deduction of freight and demurrage charges in relation thereto, and shall

without prejudice to any claim or right which the sender or consignee may have against the

Sikkim Nationalised Transport otherwise arising under these conditions discharge the Sikkim

Nationalised Transport from all liability in respect of such consignments or part of the

consignment.

No. 13.

The Sikkim Nationalised Transport. shall not be responsible if any goods are

detained, seized or confiscated en-route or at the destination by authorized agencies of

Government.

No. 14.

a) The Sikkim Nationalised Transport shall have the right to entrust the goods to

any other transporter or carrier. In the event of the goods being so entrusted by it to another

transporter or carrier, it shall, as between the consignor and the Sikkim Nationalised Transport,

be deemed to be its agent.

670

b) Notwithstanding the delivery of goods to such transporter or carrier, it shall

continue to be responsible for the safety of the goods and for their delivery at the destination.

No. 15.

No suit shall lie against the Sikkim Nationalised Transport in respect of any

consignment without a claim being made in writing to the General Manager in that behalf and

preferred within 45 days from the date of booking or 48 hours in case of perishables and 30

days in case of non-perishables from the date of arrival at the destination by the party

concerned. All claims in respect of shortages shall only be entertained if delivery has been

effected in the presence of an Official of the Sikkim Nationalised Transport not below the grade

of Junior Traffic Assistant.

No 16.

The consignor in all cases shall be responsible for any consequence or any

incorrect or false declaration pertaining to the goods delivered to the Sikkim Nationalised

Transport for carriage.

No. 17.

The Competent Court shall have jurisdiction in respect of all claims arising out of

the consignment or of goods entrusted to the Sikkim Nationalised Transport for carriage.

SCHEDULE

( Ref. Condition No.6)

Detention Charges Full truck loads

5 tons or more-Rs. 30.00 per hour.

Less than 5 ton loads-Rs. 20.00 per hour.

For detention exceeding 3 (three) hours the charges for trucks referred to above shall be Rs.

50.00 and Rs. 45.00 respectively.

Wharfage charges 00.50 paisa per quintal or part thereof for every 24 hours

or part thereof.

. HOME

Notification No. 19/Hom:/76.

671

DEPARTMENT

Dated the 9th April, 1976.

In pursuance of Section 1 (3) of the Charter. of Incorporation of the Sikkim Research

Institute of Tibetology (Amendment) Act, 1976, it is hereby notified that the State

Government has fixed 9th April, 1976, as the date on which the Charter of Incorporation

of the Sikkim Research Institute of Tibetology (Amendment) Act, 1976 (4 of 1976) shall

come into force in the State of Sikkim.

HOME DEPARTMENT

Notification No. 20/Home/76. Dated the 21st April. 1976.

Consequent upon the enactment of the Charter of Incorporation of the Sikkim Research

Institute of Tibetology (Amendment) Act, 1976 (No. 4 of 1976')the Institute of Tibetology will

henceforth be .known as the Sikkim Research Institute of Tibetology.

HOME DEPARTMENT

NOTIFICA TION

No. 1369/Home/77. Dated Gangtok, the 1st November, 1977

The Government of Sikkim has fixed the 1st November, 1977 as the date on which the

Sikkim Interpretation and General Clauses Act, 1977 (Sikkim Act No. 6 of 1977) shall come

into force in the whole' State of Sikkim.

HOME DEPARTMENT

NOTIFICATION

No. 16(44)-L L/78 Dated Gangtok, the 17th June, 1978.

In exercise of the powers conferred by sub-section (2) of section 1 of the Sikkim Civil

Courts Act, 1978. (Sikkim ,Act No.9 of 1978), the, State Government hereby appoints the 1st

day of July, 1978, as the date on which the Sikkim Civil Courts. Act, 1978 (Sikkim Act No.9 of

1978) shall come into force.

672

GOVERNMENT OF SIKKIM

HOME DEPARTMENT

NOTIFICATION

No. 140/HP/80-81 Dated Gangtok, the 4th July, 1980.

In exercise of the powers conferred by sub-section (2) of Section 1 of the Sikkim Police

(Amendment) Act, 1980 (7 of 1980), the State Government hereby appoints the 4th day of July

1980 as the date on which the said Act shall come into force in the whole of Sikkim.

HOME DEPARTMENT

GOVERNMENT OF SIKKIM

No. 7(15) Home/82/2534. Dated Gangtok, the 6th August, 1982.

NOTIFICATION . ,

In exercise of the powers conferred by sub-section (3) of section 1 of the Sikkim Armed

Police Force Act, 1981 (8 of 1981), the State Government hereby appoints the 6th day of

August, 1982 ,as the date on which the said Act shall come into force in the State of Sikkim.

GOVERNMENT OF SIKKIM

HOME DEPARTMENT

NOTIFICATION

No.1 (46)/77 /Accounts.

.

Dated Gangtok, the 27th September, 1977.

In exercise of the powers conferred by sections 6 and 8 of the Sikkim Salaries and

Allowances Act, 1977 (4 of 1977) the State Government hereby makes the following rules,

namely:

.

THE SIKKIM MINISTERS, SPEAKER, DEPUTY SPEAKER AND MEMBERS OF THE

LEGISLATIVE ASSEMBLY (MEDICAL ATTENDANCE) RULES 1977.

Short title and

commencement

1. (1) These' rules may be called the Sikkim Ministers, Speaker,

Deputy Speaker and Members of the Legislative Assembly (Medical

Attendance) Rules, 1977.

Definition,

Medical Attendance 3.

Relaxation

673

(2) They -shall be deemed to have come into force on and from

the 28th day of March, 1977, the date of commencement of the Sikkim

Salaries and Allowances Act, 1977.

2. In these rules, unless the context otherwise requires:

(I) "Act" means the Sikkim Salaries and Allowances - Act, 1977

(4 of 1977).

(2) Words used in these rules and defined in ,the Act shall have

the same meaning as assigned to them in the Act.

(1) The Chief Minister, any Minister, any Minister of State, Speaker,

Deputy Speaker and Members of their family shall be entitled, to free

medical attendance and treatment and all other medical facilities on

the same terms and conditions as are applicable' from time to time to

an officer of the State Government holding the rank of a Secretary to

the Government under the Sikkim Government Service (Medical

Facilities) Rules published vide .Notification No. 236/GEN/ EST dated

13 October, 1976 subject to 'the provisions of sub-rule (3).

(2) Any Deputy Minister, Member of the Legislative Assembly

and Members of their family shall be entitled to free medical

attendance and treatment and all other Medical facilities on the same

terms and conditions as are applicable from time to time to a Gazetted

Officer of the State Government under the Sikkim Government

Service (Medical Facilities) Rules published vide Notification No.

236/GEN/EST dated 13 October, 1976, subject to the provisions of

sub-rule (3).

(3) For treatment outside Sikkim daily allowance admissible

under the Sikkim Government Service (Medical Facilities) Rules shall

be calculated at the rates prescribed in the Sikkim Ministers, Speaker,

Deputy Speaker and Members (Travelling Allowance) Rules 1977 as

amended from time to - time.

4. Where the Government is satisfied that it is necessary to relax any

of the provisions of the Sikkim Government Service (Medical

Facilities) Rules in any case, it may, by order in writing, do so to the

extent and subject to such conditions as are deemed necessary for

dealing with such a case.

674

GOVERNMENT OF SIKKIM .

HOME DEPARTMENT

NOTIFICATION

No.1 (45)/77fAcctts. Dated Gangtok, the 27th September, 1977.

In exercise of the powers conferred by . section 8 read with section 7 of the Sikkim

Salaries and Allowances Act, 1977 (4 of 1917) the State Government hereby makes the

following rules, namely:

. THE SIKKIM MINISTERS, SPEAKER. DEPUTY SPEAKER AND MEMBERS

( TRAVELLING ALLOWANCE) RULES, 1977

Short title

and

commencement

1. (1) These rules may be called the Sikkim Ministers, Speaker. Deputy

Speaker and Members (Travelling Allowance) Rules, 1977.

(2) They shall be deemed to have come into force on and from the

28th day of March, 1977.

Definitions 2. In these rules. unless the context otherwise requires:

(i) "Act" means the Sikkim Salaries and Allowances Act, 1977

. (ii) "On tour: on public business" shall mean a journey on business

connected with the official duties of the person concerned and in the

case of the Chief Minister, the Ministers of State, the Deputy

Ministers, the Speaker and the Deputy Speaker. it shall also include

journey to attend public functions in which their participation is

necessary or required in the public interest.

(iii) "Place of residence" in relation to a person shall mean the place

in Sikkim where such person usually or ordinarily resides.

(iv) "Travelling Allowance" shall include all amounts payable under

the provisions of Rule 3.

(v) Words and expressions used in the Act and not defined or

otherwise defined in these rules shall have the same meaning as are

assigned to them under the Act.

Travelling

Allowance

3. For all journeys or tour on public business, the Chief Minister, the

Ministers of State, the Deputy Ministers, the Speaker, the Deputy

Speaker and the Members shall be entitled to be paid as travelling

allowance the amount determined according to the following

provisions:

675

(A) Journeys by air

(i) The Chief Minister, any Minister any Minister of State, the Speaker

and the Deputy Speaker shall be entitled to travel by air and to claim

the actual fare paid.

(ii) The Deputy" Ministers. may, ,by ,an order of the State

Government to that effect, be allowed' 'to travel by air in special

circumstances and in public interest and when so allowed, shall be

entitled to claim the actual fare paid.

(iii) Members required to travel outside Sikkim in connection with any

work in public interest, may be allowed to travel by air at the

discretion of the Speaker: and when so allowed, shall be entitled to

claim the actual fare paid.

( B ) Journeys by rail

(i) The Chief Minister shall be entitled to travel in first class and to

requisition at Government expense four berths or a compartment of

four berths for the purpose and shall also be entitled to

reimbursement of the railway fares for two personal servants by the

lowest class and charges for the personal luggage accompanying him

on tour, whether the servants travel and the luggage is carried by the

same or different trains.

(ii) Any Minister, Minister of State, Deputy Minister, the Speaker or

the Deputy Speaker shall be entitled to travel in first class and to

requisition at Government expense two berths or a compartment of

two berths for the purpose and shall also be entitled to

reimbursement of the railway fare by the lowest class for one

personal servant and charges for personal luggage accompanying

him on tour, whether the servant travels or the luggage is carried by

the same or a different train.

(iii) The Chief Minister, any Minister, any Minister of State, the

Speaker or the Deputy Speaker may travel on tour by air conditioned

class by requisitioning two berths in an air conditioned coach.

(iv) Any Deputy Minister may travel on tour by air conditioned class

by requisitioning a single berth in an air conditioned coach.

(v) Within the reserved accommodation specified in (i) to (iii) above,

the aforesaid persons may take one relative without payment.

676

(vi) Members required to' travel outside Sikkim in connection with any

work in public interest shall be entitled to, travel by first class.

(C) Journeys by road

(i) The Chief Minister, the Ministers, the Ministers of State, the Deputy

Ministers, the Speaker and the Deputy Speaker shall be entitled to

travel by road free of cost by Government conveyance from any place

to any other place.

(ii) Any such person mentioned in (i) above shall be entitled to free

transport for himself, his family, personal servants and personal

effects from the place of residence to Gangtok, on being appointed to

any of the aforesaid offices and from Gang. tok to the place of

residence on relinquishing charge of such office.

(iii) Members shall be entitled to travel by Government conveyance

free of cost or by a free pass for travel by any public transport service

of the Government while proceeding to Bagdogra airport or Siliguri or

Jalpaiguri railway stations, as the case may be, from any place in

Sikkim, to board an air service or a train for the journey mentioned in

sub-rules (A) (iii) and (B) (vi) of this rule.

(iv) If in any of the cases mentioned in (i) and (ii) above, any of the

persons mentioned therein uses his own conveyance or performs the

journey by hiring a conveyance, an amount at the rate of one rupee

per kilometer shall be allowed for such journey.

(D) (i) While on tour on public business in any place outside Sikkim,

the Chief Minister, the Ministers, the Ministers of State, the Deputy

Ministers, the Speaker or the Deputy Speaker shall be entitled to

reimbursement of actual expenses incurred by them for stay in any

Central or another State Government guest house, inspection

bungalow or in any Government or private hotel, otherwise than as a

State Guest.

Provided that the Government may, by an order, fix any monetary or

other limit for the reimbursement of such expenses.

(i) Except where actual expenses are claimed under sub-rule (D)

(ii) the Chief Minister, the Minister, the Ministers of State, the

677

Deputy Ministers, the Speaker, the Deputy Speaker and Members shall be paid for the period of tour an amount for each calendar

day or part thereof at the following rates:

Chief Ministers Ministers of State Deputy Members & Minister Speaker & Dy. Speaker Ministers Rs. Rs. Rs. Rs. Rs. In New Delhi, 90 80 70 60 55 Delhi, Bombay, Calcutta and Madras In other places 75 60 55 50 50 outside Sikkim In any place in Sikkim 75 60 55 50 Nil

Routes 4. All journeys mentioned in rule 3 shall be performed by the shortest

practicable route and when any question arises whether any route is

the shortest practicable route, the decision of the Government in the

case of the Chief Minister, Ministers, Ministers of State and Deputy

Ministers and of the Speaker in the case of himself, Deputy Speaker

and Members shall be final. If the journeys are actually performed by

a route which is not the shortest practicable route, the claim for

travelling allowance under these rules shall be restricted to the.

shortest practicable route.

Provided that the State Government or the Speaker, as the case may

be, by order, permit the journeys to be performed by any route or

routes, where the State Government or the Speaker, as the case may

be, is satisfied that it was necessary to do so in public interest and

the travelling allowance may thereupon be calculated, claimed and

paid on the basis of the route or routes actually taken.

Stay in rest houses

etc.

5. The Chief Minister, the Ministers, the Ministers of State, the Deputy

Ministers. the Speaker and the Deputy Speaker shall while on tour on

public business in any place be entitled to stay free of all charges in

respect of their stay in any of the Government rest houses and

inspection bungalows.

Journeys outside

India.

Advances.

.

Claims when due.

678

6. The travelling allowance admissible to any person to whom

these rules apply, when touring on public business outside India,

shall be regulated by specific orders of the Government issued in

each case.

7. The State Government in the case of the Chief Minister, the

Ministers, the Ministers of State, the Deputy Ministers and the

Speaker in the case of himself, the Deputy Speaker and Members

may permit the estimated travelling allowance admissible under these

rules for any journeys outside Sikkim and outside India, being drawn

in advance of the journey, subject to the advance being adjusted in

the final claim preferred after completion of the journey.

:Provided that if the advance, or any part of it, had not been

utilized for any reason, or the detailed claim in adjustment of the

advance is not furnished within a period of six months from the date

of completion of the journey, the entire advance or part of it, as the

case may be, shall be refunded to the State Government forthwith or

may, at the discretion of the State Government 'be recovered from

any other payments due to the person concerned.

8. Bills for. claims under these rules shall be signed and counter-

signed by the person concerned, except in the case of Members,

whose bills shall be counter-signed by the Speaker, or if the Speaker

so directs by a general or, special order, by the Deputy Speaker.

9. Claims under these rules shall become due immediately on

completion of the journeys to which they relate and shall be preferred

within six months of their becoming due and any claim not so

preferred shall not be paid save with the sanction of the State

Government.

Residuary matters. 10. Any other matter not specifically covered by or under the. said

rules shall be regulated by the rules applicable to the officers of

the State Government of the highest grade.

HOME

679

DEPARTMENT

No.1 (47) 77-Acctts./Home. Dated

Gangtok, the 1st May, 1978.

NOTIFICATION

In exercise of the powers conferred by the Sikkim Salaries

and Allowances Act, 1977 as amended, the State Government

hereby makes the following rules, namely:

'.

Short title and -

commencement.

1. (1) These rules may be called the Sikkim Ministers, Speaker,

Deputy Speaker and Members Travelling Allowance (Amendment)

Rules, 1978.

(2) They shall be deemed to have come into force on and from

the 28th day of March, 1977.

2. (1) In rule 3 (C) of the Sikkim Ministers, Speaker, Deputy of

Speaker and Members (Travelling Allowance) Rules, 1977, a new

. sub-rule (v) shall be added as under:

"(v) While travelling on business connected with any Committee the

Members shall be entitled either to free use of Assembly vehicle, if

available, or to hire of conveyance as provided in sub-rule (iv) of this

rule for travel from the place of residence to the place of business of

the concerned Committee and back."

(2) At the end of rule 3 (D) (ii) the following Proviso shall be inserted:

" provided that an amount at the rate of Rs. 50 for each calendar day

or part thereof shall be paid to the Members for the period spent

within Sikkim on business of any Committee."

GOVERNMENT OF SIKKIM

HOME DEPARTMENT

NOTIFICATION

No. I (45) 77/Acctts. Dated 27 May, 1980.

In exercise of the powers conferred by section 8 read with

section 7 of the Sikkim Ministers, Speaker, Deputy Speaker and

Members of the Legislature Assembly (Salaries and

680

Short title and 1.

Commencement.

Allowances) Act, 1977, the State Government hereby makes the

following rules, namely :

(1) These rules may be called the Sikkim Ministers, Speaker,

Deputy Speaker and Members (Travelling Allowance) Amendment

Rules, 1980.

(2) They shall be deemed to have come into force on the 25th day of

October, 1979.

Amendment of 2.

Rule 3.

In clause (ii) of Sub-Rule CD) of Rule 3 of the Sikkim Ministers,

Speaker, Deputy Speaker and Members (Travelling Allowance) Rules,

1977, in the heading above the table of rates

(i) for the words, "Ministers and Speaker" the words "Ministers,

Speaker and Deputy Speaker" shall be substituted.

(ii) for the words "Ministers of State and Deputy Speaker,

the words Minister of State" shall be substituted.

GOVERNMENT OF SIKKIM

SIKKIM LEGISLATIVE ASSEMBLY SECRETARIAT

GANGTOK

NOTIFICATION

No. SLAS/80-81/222/(3/3/Home 81). Dated Gangtok ,the 7th March, 1981.

THE SIKKIM LEGISLATIVE ASSEMBLY MEMBERS (RESIDENTIAL

ACCOMMODATION) RULES, 1981.

In exercise of the powers conferred by section 8 read with sub-section (4) of section 4 of

the Sikkim Ministers, Speaker, Deputy Speaker and Members of the Legislative Assembly

(Salaries and Allowances) Act, 1977 (No.4 of 1977), the State Government hereby makes the

following rules, namely:

I. Short title and commencement: (I) These Rules may be called the Sikkim Legislative

Assembly Members, (Residential Accommodation) Rules, 1981.

2. They shall come into force from the date of their publication in the

Official Gazette.

681

2. Definitions: In these rules, unless the context otherwise requires:

(a) 'Act' means the Sikkim Ministers, Speaker, Deputy Speaker and Members of the

Legislative Assembly (Salaries and Allowances) Act, 1977;

(b) 'day' means 24 hours from the time of occupation of accommodation;

(c) 'guest' means a guest of the

(a) member of the Sikkim Legislative Assembly; or

(b) member of Parliament; or

(c) member of any State Legislature who may accompany any member; or

(d) State Government;

(d) 'Government' means the State Government of Sikkim;

(e) 'Hostel' means the State Legislators' Hostel, Gangtok;

(f) 'member' means a member of the Sikkim Legislative Assembly

(g) 'member of Parliament' means a Member of Lok Sabha

or Rajya Sabha;

(h) ,'rent' means charges for accommodation;

(i) 'Secretary' means the Secretary of the Sikkim Legislative Assembly and

includes a Deputy Secretary and Under Secretary;

(j) 'Superintendent' means the Superintendent of the Hostel;

(k) 'week' means seven Calendar days;

(l) an other words and expressions used in these rules but not defined

therein shall have the meanings respectively assigned to them in the Act.

3. Control of the Hostel: The Hostel shall be under the administrative control of the

Secretary.

4. Occupation:

(1) The Hostel is primarily meant for the occupation of the members, but subject

to accommodation being available .during non-session period and permission

being granted by the Secretary, the following categories of non-members

coming to Gangtok on Government Business may be accommodated for a

period not exceeding one week on payment of usual rent:

682

(a) members of Parliament;

(b) members of Legislative Assemblies of other States;

(c) State Guests;

(d) 1st Grade Officers of the Government of Sikkim ;

(e) Class I Officers of the Central and other State Governments.

(2) A member shall be allowed to occupy a single seat or a room depending upon

availability of accommodation on signing an agreement in the Form appended

to these rules and shall invariably note the time and date of arrival in the

occupation register kept at the counter by affixing his signature against the

entries. In default, the entries made by the officer assigned with this task shall

be conclusive and no dispute thereon shall be entertained.

(3) During non-session period, a member may stay for a period of seven days and

stay beyond that period with intimation to the Secretary.

(4) The Hostel shall, on no account, be made available for occupation by any

member with or without his family as all time residence.

(5) No member shall be permitted to occupy more than one room at a time.

(6) No one shall be allowed

hall.

to occupy the dining room or the reception

(7) The Speaker may in his discretion allow any other category of persons not

specified in sub-rule (I) of rule 4 to occupy seat/room in the Hostel on payment

of rent subject to availability of accommodation.

Explanation:- The expression "no-session period" means the time when the

. assembly is not in session but does not include the period when any Committee of the Sikkim

Legislative Assembly holds its sittings.

5. Reservation of Hostel seats:

(I) The Hostel seats shall be reserved for the members during the Assembly

sessions.

(2) Accommodation for a person other than a member or his guest may be

reserved on an application made to the Secretary at least seven days before

the accommodation is required indicating the probable number of days which

shall not exceed one week. The Secretary reserves the right to refuse

accommodation to any person other than a member or his guest without

assigning any reason thereof.

683

(3) A member may be allowed- an extra seat in a separate room or a room for his

guests not exceeding two in number at one time on payment of the tariff rates

mentioned in item (b) of the Schedule appended to these rules subject to the

availability of accommodation.

(4) The rooms of the Hostel are furnished and no extra bed, linen and

furniture shall be provided.

(5) All requests for allotment of seats in the Hostel for any State shall

come from the Home Department of the Government.

6. Cancellation of Reservation: Failure to occupy the seat on the due date

shall amount to cancellation of the reservation.

7. Rent for Hostel: (1) The tariff rates for accommodation of the members of Parliament,

the members of other State Legislatures, their guests and other occupants shall be charged as

per rates given in the Schedule appended to these rules. The State Government reserves the

right to add or alter the rates at its pleasure which shall be in force from the date such addition

or alteration is made.

,(2) The occupants shall have to make entries in the occupation register at the time of

vacating the occupation and leave the key with the Superintendent of the Hostel and in case of

default he or she shall be treated to be in continuous occupation' and the charges thereof shall

be double the usual rates.

8. The occupants shall keep 'all their personal belongings under lock and key at owner's

risk and shall take them back while leaving. The Secretary shall not be responsible for the loss

and/or damage of any articles which shall be kept exclusively at owner's risk.

9. The visitors may be allowed on request and with the concurrence of the occupants

from 6. A. M. to 10. P. M. and prescribed rent shall be charged if any visitor stays beyond 10.

P. M.

10. Registers:

(1) There shall be separate occupation Registers for members and non

.members.

(2) The Registers shall be maintained by the Superintendent and kept in

his custody or in his absence in the custody of the caretaker or chowkidar.

11. Entry into Register:

Every occupant shall enter the date and time of his arrival

immediately when the accommodation is allotted to him and shall also

enter the date and time of his departure in the Register.

684

12. Payment of Rent:

(1) All dues for the occupation of the Hostel shall be paid to the

Superintendent at the time of departure and necessary entries

made in the Register kept with the Superintendent or in his

absence kept with the Caretaker or Chowkidar of the Hostel by

the occupant.

(2) Rent for occupation of seats by any State Guest shall be

paid by the Home Department of the Government after

receipt of the bills from the Assembly Secretariat.

(3) The Superintendent shall deposit the rent received by him

weekly with the Secretary in the Assembly Secretariat.

(4) The Secretary shall maintain a rent register and credit the rent in

the State Bank of Sikkim every week under the proper Head.

(5) The Secretary after crediting the rent shall enter the Bank Receipt

number and date in the Occupation Register, Receipt Book and

the Rent Register.

(6) The payment of rent for occupation of' seats by members during

session of the Assembly or business connected with

h is duties as a member shall be made in cash to the

Superintendent before their departure. For occupation of seats at

other times by the members themselves, their families and guests

shall similarly be paid before or while vacating the Hostel to the

Superintendent and. receipt for such payment shall be issued to

the members.

Explanation

The expression "business connected with his duties as

member means any business arising out of Legislative Assembly duties

and includes participation in the business at various committees,

commissions, boards or study teams constituted, formed or appointed by

the House or its Presiding Officer or. by the Government.

(7) When rent is not paid in cash it shall be recovered from the pay

or travelling allowances of the members.

685

. (8) Rent for occupation of seat in the Hostel by any nonmember

except the State Guest shall be paid in cash to the Superintendent

before vacating the seat or room. The occupant shall' also be given a

receipt for such payment.

(9) In case of failure to pay seat rent by any non-member, the Department or the person on whose request seat has been allotted to the non-member shall be responsible for payment of the rent. The Superintendent or in his absence the Caretaker or Chowkidar shall report immediately to the Secretary, as soon as a non-member leaves the Hostel without payment or has 'made only part payment of rent.

13. Stock Register.:

A Stock Register shall be maintained in the Hostel for furniture, utensils,

crockery’s and other properties. The Stock Register shall be checked and verified half - yearly

by the Secretary.

14. Recovery on account of damage breakage etc.: Any damage,

breakage, or loss of utensils and furniture of the Hostel shall be made good by the person

responsible for the damage, breakage or loss by paying the price of the kind at the current

market rate.

15. Gambling, drinking etc. (l} Gambling, drinking of liquors and

entertainment of persons of loose character in the premises are strictly prohibited.

(2) No occupant shall keep in his room any outsider except a Member 'of

his family.

16. Telephone: (1) The telephone provided in the Hostel is for the use of

the members. The members are entitled .to use the telephone free of charge for the local calls.

Trunk calls may be made with the prior permission of the Superintendent or in his absence

information to the Caretaker or Chowkidar and entries for such trunk calls shall have to

be made in the register kept for the purpose which shall be signed by the caller and the

charges thereof as prescribed shall be recoverable from the caller.

(2) The non-member may also use the telephone on payment of

the charges as notified from time to time by the State Government.

17. Catering of Food: (1) A ,canteen. is attached to the Hostel and a

member, his guest and/or the occupant may arrange for their own food directly with the caterer

on payment of the tariff prescribed from time to time.

(2) A washerman is attached to the Hostel whose service may be available

on payment.

686

(3) The services of room attendants may be available for the occupants

except for the works outside the premises of the hostel.

(4) Cooking shall not be permitted in the rooms, balconies and or verandah

of the hostel.

(5) No pet or animal shall be allowed in the premises of the hostel.

FORM

(See sub-rule (2) of rule 4)

I,................................................ ............................hereby agree to the allotment

of seat No....................................... ,in Room No ........................... of the

Hostel subject to the following conditions:

(a) that I shall pay to the Government dues pertaining to such occupation .by

deduction of allowance every month and/or after presentation of the bill if not

paid in cash earlier;

(b) that I shall not sublet any seat to any person;

(c) that I shall abide by the existing rules and regulations formulated from time to

time.

Signature of the M.L.A.

SCHEDULE

The tariff rates are noted below:

(a) (i) For Members-Rs. 2/- per day for a single seat and Rs. 3/- per day for a

double bed room.

(ii) For guest of the members Rs. 2/- per day for each guest.

(b) Members of Parliament and their guests, Members of the other State

Legislatures and their guests-Rs. 5/ - per seat per day and part thereof.

(c) For others - Rs. 8/ - per day per seat for the first seven days and Rs. 12/ - per

day per seat thereafter.

Note Part of day will be reckoned as a full day for the purpose of realizing

occupation charges.

687

THE SIKKIM CHILDREN RULES, 1982,

13 (44) 80-81/SW/414

In exercise of the powers conferred by Section 64 of the Sikkim Children Act, 1982 (4 of

1982), the Government of Sikkim hereby makes the following Rules, namely :

1. Short title - These rules may be called the Sikkim Children Rules, 1982.

2. Definitions - In these rules, unless the context otherwise requires:

i) "Act" means the Sikkim Children Act, 1982;

ii) "Government" means the Government of Sikkim ;

iii)

iv) "Section" means a section of the Act;.

"Schedule" means a schedule to these Rules.

3. Certification of institutions- Any institution or association desiring to be certified

under sub-section (2) of section 8, sub-section (2) of section 9, sub-section (2) of section 10 as

a fit person or fit institution or an approved. place .for, the reception and care of neglected

children and juvenile delinquents, may make an application to the Chief Inspector, who shall

cause the institution to be. inspected and shall make a report to .the Government regarding

provisions made in the institution for the boarding, lodging and general health of the inmates

and the quality of the literacy or vocational training made available.

4. Registers to be maintained by certified school/s- The Chief Inspector shall,

subject to general control of the Government, prescribe the registers and records to be

maintained by the managers of a certified school in respect of children committed to such

school.

5. Provision for literacy, craft education etc. in Children's Home/Special ‘School:

(1) It shall be the duty of the manager to provide adequate arrangements for

furthering literacy, and imparting craft education and physical education to every inmate of the

Children's Home/Special School so that he shall be kept gainfully occupied for at least 5 to 6

hours every day.

(2) For the purposes of imparting instruction, the manager shall in consultation with

the Education Inspector divide the children into suitable age groups and lay down a syllabus for

literacy and craft work separately for each age group. It shall also draw up a time-table for

literacy and craft programme for each age 'group in consultation with the Education Inspector.

No change in the final syllabus and time table shall be made without the previous approval of

the Education Inspector.

- 688

(3) Adequate provision shall be made if possible for free recreation including

organized games, walks and visits outside the Children's Home/Special School boundaries.

6. Inspection by the Chief Inspector- The Chief Inspector may visit any certified

school at any time, hear complaints of inmates, if any, and make suggestions to the Managers

thereof.

7. Duties of the Inspection Staff

(1) Every Chief Inspector and Inspector shall during his visit of a certified school

give every child an opportunity to make verbal or written complaints to him if such child so

wishes to make.

(2) Every Chief Inspector or Inspector shall at the conclusion of his inspection

note in the visitor's book of the certified school the fact that he has inspected it on a particular

date.

(3) The -Inspector shall submit his detailed report to the Chief Inspector of his

inspection of the certified school.

(4) The Chief Inspector shall communicate to the Managers of the certified school

inspected by him or his Inspector, such suggestions which may deem fit and necessary

8. Educational Inspection

(1) In addition to the Officers appointed under section 58, the District Education

Officer of each district or his immediate assistant authorised by him in this behalf, shall also be

ex-officio Inspector of certified schools within his jurisdiction. He shall carry out purely

educational curriculum approved by the Education Department of the Government. He shall

also carry out inspection of such certified schools within his jurisdiction as require recognition of

the educational curriculum prescribed by them.

(2) The agricultural, industrial and other technical classes shall be inspected by

the authorised officers of the concerned Departments of the Government.

(3) Every such Inspector or authorised officers of the concerned Department shall

inspect the premises of each certified school, see the children and satisfy himself that all the

registers pertaining to the various classes are maintained according to the rules for the time

being in force and that proper arrangements are made for the safe custody of all such records.

Each year he shall personally arrange for the inspection of the classes of each such school

and shall submit an inspection report of such school to the Chief Inspector through the Head of

his Department. The Head of Department shall forward such report to the Chief Inspector.

689

9. Remand or Committal of Juveniles to Custody-When a child is taken charge of

under sub-section (I) of section 16 and sub-section (1) of section 21, a police officer shall

unless, by an order of the court under the rule 15 is committed to the care or allowed to remain

in the custody of his parent, guardian, relatives or fit person, be remanded to an Observation

Home or in a place of safety until he can be brought before the Competent Authority.

10. Inspection of a place of safety:- (1)Every place of safety in the State in which a

child is detained shall be open to inspection by the District Magistrate or any Magistrate

deputed by the District Magistrate of the first class. In all cases, places of safety shall be liable

to be inspected by the Chief Inspector and his inspecting staff.

(2) The occupier or Manager of such place of safety shall give every facility to the

Probation Officer who visits for the purpose of making inquiries into his case.

11.. Measures to be taken by After Care Organizations to enable the Child to live a

useful life:

The practical training given to the inmates of school - going age, as far as

practicable, aim at giving the inmate training in Borne productive craft and keeping him

usefully occupied. For this purpose, the manager after taking into account the stay of the

inmate in the Children's Home/Special School may send him to an outside school in

consultation with the Chief Inspector. Record shall be kept in respect of each inmate and in all

suitable cases the parent or guardian if alive, shall be kept informed of the progress of the

inmate.

(2) No inmate shall be employed in such manner as to impair his capacity for

profiting by instruction or depriving him of reasonable recreation or leisure.

(3) No inmate shall be employed for private or domestic work either by the District

Association or the Children's Home/Special School.

12. Manner of detention of children not committed to the Observation Home or

certified school:

(1) Any offender ordered to be kept in safe custody under section 25 may be kept, if the court

thinks fit, in the juvenile section to be specially provided and located away from adult criminals

in every prison.

(2) No child shall be handcuffed or roped while in custody or in being escorted to Court or

Hospital or to the place of safety, as the case may be and he shall not be accompanied by a

Police Officer in uniform.

13 Duties of Probation Officers:- (1) A Probation Officer shall carry out all given to

him, by the court and perform the following duties:

(i) to make initial inquiries regarding the home and school conditions, conduct,

character, antecedents and health of the children under his supervision;

to attend regularly the court and submit reports

to keep diary, case files and registers;

(ii)

(iii)

690

(iv) to visit regularly children placed under probation or supervision and' also

places of employment or schools attended by such children and to submit regular . monthly

reports;

(v) to take children, whenever possible

certified schools or fit person institutions;

from Court or Observation Home to

(vi) to bring before the court immediately children who have not been of good behavior

during the period of supervision;

(vii) to advise and give guidance and assistance to the children placed under

supervision or released on licence and endeavors to find them employment;

(viii) to run recreation clubs; and

(ix) to perform any .other duty which may be specified by the Court or any releasing

authority in respect of children under his supervision.

(2) A Probation Officer shall not employ a child or youthful offender under his

supervision, for his own private purpose or take away any private service from him.

14. Constitution and procedure of Children's Courts:-(I) Every Children's Court established

under section 4 shall consist of a salaried Magistrate with such Honorary Magistrates not

exceeding two in number, one of whom shall be a woman as may be specially appointed for

this purpose, by the Government:

Provided that in the absence of anyone or both of the Honorary Magistrates,

it shall be competent for the salaried Magistrate sitting singly or with the Honorary Magistrate

who may be present, as the case may be, to exercise all or any of the powers of a Children's

Court.

(2) The proceedings of the Children's Court shall be informal. The Police Officers shall

not appear in the said courts in uniform. Usage of certain expressions such as sentence,

conviction and accused shall be avoided.

(3) The Children's Court shall ordinarily holds its sittings within the complex of the

Observation Home wherever it exists, subject to such directions as the Government may

determine concerning the place at which, the day on which and the manner in which a

Children's Court may - hold its sittings where there are no Observation Homes subject to sub-

section (2) of section 31.

691

15. Medical opinion regarding age and physical and mental condition of children:

In every case, concerning a child, the Court shall obtain medical opinion regarding his age and

his physical and mental condition and when passing orders in such a case shall, after taking

into consideration the medical opinion and such other evidence as may be available record a

finding in respect of his age.

16. Supply of information regarding children by courts:- (I) Whenever the court orders a

child to be detained in a certified school or fit person institution, it shall forward to the

Managers of such schools or institutions a copy of its judgment if any, or order, together with

information regarding the age and address of the child, if known, and any particulars of his

home and previous record, that may have been discovered.

(2) The officer-in-charge of the place of safety or the Police Station concerned shall, on

the issue of orders by a court for the detention of a juvenile in a certified school, or institution

forward to the Manager of such school or institution copies of any record he may have of the

juvenile's previous history.

17. Contribution of parent or other person:- ( 1) The court making an order under sub-

section (1) of section 55 may direct the parent or other person liable to maintain the child or

youthful offender to pay in court, in advance, in the beginning of each month such sum of

money as the court may think fit, not exceeding Rs. 5O/in the whole per mensem, towards the

maintenance of such child or youthful offender.

(2) All such recoveries shall be credited by the court into a Government treasury as

Miscellaneous Receipts of Government.

18. Manner in which a child or youthful offender may be committed to the care of a parent,

guardian, relative or other fit person:- (1) The court making an order committing a child or

youthful offender to the care of, or allowing a child to remain in ,the custody of a parent,

guardian, relative or other fit person, as the case may be, under section 19 or clause(b) of

section 24 may direct such parent, guardian. relative or fit person to enter into a bond in the

form specified in Schedule l' or IA with or without sureties and in such sum of money as the

court may think fit, to keep him under proper care and control, and to be responsible for his

good behavior. In addition to the conditions prescribed/specified in the form of the bond

Schedule I, . the court may impose such other conditions as it may think fit for securing that

the child or youthful offender as the case ,may be. to lead an honest and industrious life.

(2) When a child or youthful offender has been placed under the supervision of a

Probation Officer, the court shall impose a condition, that all necessary assistance may be

rendered by the parent, guardian, relative or other person as the case may be, to the Probation

Officer to enable him to carry out the duties of supervision

.~..

692

(3) When a child or a youthful offender has been ordered to be sent on his own bond,

back to a relative or fit person or to his native place under section 38 the court shall take his

bond in the form specified in Schedule II.

19. Authorization of person to act under sub-section (1) of section 16-The State Government

may authorize the District Collector or such persons as they think fit to take action under sub-

section (1) of section 16.

20. Release on licence under section 52-(1} A child detained in a certified school or fit person

institution shall not be released by the Chief Inspector under sub-section (1) of section 52

except on the conditions specified in the form in Schedule III.

(2) On the release of any child on licence by order of the Chief Inspector under sub-rule

(1), information shall be sent by the school or institution to the committing court of the actual

date of release of the child.

21. Short leave of absence to inmates of certified schools- (1) The Manager of a

certified school or fit person institution may, on sufficient cause being shown to his satisfaction

grant permission in writing to an inmate to absent himself for short periods not exceeding 15

days in aggregate in the year, exclusive of the time required for going to and returning from the

destination, for the purpose of visiting parents or relations:

Provided that as far as possible the previous consent of the Chief Inspector shall be

obtained for granting leave exceeding a week at a time.

(2) The permission granted under sub-rule (1) may at any time be cancelled by an order

in writing by the Manager and the inmate may be recalled by him without giving any reasons

therefor.

(3) The Chief Inspector on the application of a parent or relative recommended by the

Manager of a certified school or fit person institution may, in selected cases grant vacation

leave upto six weeks, excluding the days of journey at a time to inmates from certified schools

or fit person institutions. Such permission may be cancelled by the Chief Inspector by an order

in writing and the inmate may be recalled by him without giving any reasons therefor.

(4). The time during which an inmate is absent from the school or institution under sub-

rule (1) or (3) shall be deemed to be part of the time of the detention 'in the school or institution.

(5) If any inmate fails to return to the school or institution after the expiry of the period

permitted under sub-rule (1) or (3) or when recalled under sub-rule (2) or (3), the Manager

shall report the matter to the Chief Inspector and any Police Officer may, on the application in

writing of such Manager or Chief Inspector, arrest the inmate without warrant and send him

back to the school or institution.

693

(6) The time which elapses after the failure of an inmate under sub-rule (5) to return to

the school or institution shall be excluded in computing the time of his detention in the school

or institution.

(7) Any parent or guardian contributing towards the maintenance of the child in a

certified school or fit person institution under an order passed by a court under sub-section (1)

of section 55, shall be exempt from the payment of such contribution for the period during

which the child is absent from the institution under sub-rule (1) or (3).

SCHEDULE I A

ANNEXURE

(Where a bond with surety/sureties is to be executed)

I/We... ................... of................................... . ...

residing in the Block of.. . .......................... .in the

district of............................... .....................hereby declare myself/ourselves surety /sureties

for the aforesaid... ......... .................. that he/she has undertaken to do and perform

and in case of his making default therein, I/we hereby bind myself/ourselves jointly

and severally to forfeit to the Government of Sikkim the sum of Rupees...............

(Rs..... . . . ... ... ................ ......... )

Dated this the.......................... .....................day of .............. ............................ 19.

.In the presence of.......................................... Before me

(Signed)

SCHEDULE I

Form of bond to be executed by a parent, guardian, relative or fit person to whose care a child

or youthful offender is committed (see rule 18).

Whereas I.. ... . being the parent/guardian/relative or person

in whose custody/to whose care ......................................................has been allowed to remain/

ordered to be committed by the .....................................children's court/Magistrate to execute

a bond in the sum of Rs .......................................................with one surety/two

sureties. I hereby bind myself on the said...............................................being allowed to remain

in my custody/ committed to my care. I shall have the said.............................................properly

694

taken care of and I do further bind myself to be responsible for the good behavior

of the said.......................................and to observe the following conditions for a period

of............................. .years commencing from... ......................................... ......

1. That I shall not change my place of residence without giving previous intimation in writing to

the .court through the Probation Officer;

2. That I shall not remove the said .....................................from the limits of the jurisdiction

of the court without previously obtaining the written permission of the court;

3. That I shall send the said ................................... daily to school/to such daily work as

is approved by the court. unless prevented from doing so by circumstances beyond my control;

4. That I shall report immediately to the court through the Probation Officer, if the

said........................................misbehaves or absconds from custody;

5. That I shall produce the said............................................... before the court

whenever so required by the court;

6. That I shall render all necessary assistance to the Probation Officer to enable

him to carry out the duties of supervision.

7.

8. 9.

10. In the event of my making default herein, I bind myself to forfeit to the

Government of Sikkim the sum of Rs..................................... (Rupees......................................)

only dated this the ....................................................... day of..................................................19

Before me

(Signed)

Signature of person executing

the bond.

SCHEDULE II

Bond to be signed by a child or youthful offender who has been repatriated or sent to a

relative or fit person to his native place (see rule 18).

695

Whereas I, ...................................................................... inhabitant of

.............................................. have been ordered to be repatriated or sent back to my

native place by the Children's Court/Magistrate of ...................... ....................................... under

sub-section... .. of section of the Sikkim Children

Act, 1982, on my entering into a. bond to observe the conditions mentioned herein below.

Now, therefore, I do solemnly promise to abide by these conditions during the period specified

in the order made by the Court. I .hereby bind myself as follows:

1. That during the period of 1 shall not leave the....

...............................................place of relative or fit person......................................... in which

I am repatriated or sent and shall not return to ............................................................. or go any

where else.

2. That during the said period I shall attend work/school in the place to which

I am repatriated or sent

3. That I shall be of good behavior and shall not in any way commit any breach of conditions

laid down in this bond and accepted by me.

4. That during the period specified in the order I shall particularly observe

following conditions:

the

(a) That I shall accept the guidance and assistance of the relative or fit person to whom I am

repatriated or sent or to whose care and custody, I am entrusted as named in the. order

and will obey the directions given to me from time to time by the said person;

that I shall not play truant from home, school work or place to which I am repatriated or

sent;

(b)

(c) that I shall live honestly and peaceably and will endeavor to earn an honest livelihood,

attend school regularly and obey the authorities and shall not change any

employment/school without the permission of the relative or fit person to whom I am

repatriated or sent.

(d)

(e)

(f)

In case of my making default in observing any of the conditions specified above, I shall

on my reappearance before the Court receive such order as the Court deems fit.

Signature or mark of.

696

. . SCHEDULE III

Form or order of release on licence (see rule 20) .

I ................. Chief Inspector of certified schools, State of

Sikkim, do by this licence' 'permit ...............................................son/daughter of...............

.......................................................................................................caste................................... of

.................................................................................................... : ....................... ...son/daughter

......................................................................................................caste ..................................... ..

.......................................................................................................

residing at ................... ... .................. ............... .number............... ....................... . who was

ordered to be detained in a certified school' by the .....................................................court under

section...............:.. :: ............... ....... ..of the Sikkim Children Act, 1982 for a term

-of .....: ..... ............................................ .years on the.................................. ....................... day of

..................................................I9 .......................... ,and who is now detained in the..........

..........................................school at ............................ to be discharged from

the said school on condition that he/she be placed under the supervision and authority of' the

Secretary/Society/Advisory Board/Probation Officer/Superintendent, during the remaining

portion of the aforesaid period of detention.

1.

This licence is granted subject to the conditions mentioned below:

The licensee shall proceed to the house of his parents/guardian/relative or a

:person residing . at. .. ............Block........ ...District.. .

and live under the authority of the............................................................... until the expiry of the

period of his detention unless the remission is sooner cancelled.

2. He/she shall not without the consent of the said Court remove himself/herself'

from that place or any other place.

3. He/she shall. obey such instructions as he/she may receive from the said................ :with

regard to punctual and regular attendance at employment or otherwise.

4. He/she shall abstain from committing any offence and shall lead a sober and industrious

life to the satisfaction of the said....................................

5.

6. In the event of his committing any breach of the above conditions, the remission of

the period of detention shall be liable to be cancelled and on such cancellation

. he shall be dealt with under section.

Signature of the Chief Inspector

of Certified Schools.

697

I hereby acknowledge, that I am aware of the conditions stated above which have been

read over/explained to: me and that I accept the same.,

Dated.... .... . . Signature or mark of Licensee.

Certified that the conditions specified in the above have been read over/explained to and

that he/she has accepted them as the conditions upon which the remission of the period of

detention has been granted to him/her and that he/she has been released

accordingly on the........... ................................... . . ...............

Dated Signature of the Head of Office or

Certifying Authority.

THE SIKKIM INDUSTRIES LICENSING ACT, 1982.

(ACT NO.1 OF 1983)

AN ACT

( 10. 3 . 1983. )

to provide for licenses for regulation of industries in Sikkim for

abolition of exclusive right in industries; for industrial progress of the

State and matters connected therewith or incidental thereto.

Be it enacted by the Legislature of Sikkim in the Thirty third

year of the Republic of India as follows:

1. (1) This Act may be called the Sikkim

Industries Licensing Act, 1982.

(2) It extends to the whole of Sikkim.

Short title, extent and

commencement.

(3) Save as otherwise provided in section 8, this Act shall be

deemed. to have come into force on the 19th day of June,

1982.

2. In this Act, unless the context otherwise requires, Definitions.

(a) "government" means the Government of Sikkim;

(b) "industry" means any establishment for manufacture.;

(c) "licensing authority" in relation ,to

698

(i) a small scale industry means the Department of the

Government dealing with Industries; and

(ii) other industries means the Government.

Explanation.- For the purpose of sub-clause (i), a small scale

industry shall mean an undertaking having

investment in fixed assets in plant and machinery (whether held

on ownership terms- or by lease or by hire purchase) not

exceeding rupees ten lakhs and that of approved ancillaries upto

rupees fifteen lakhs.

(e). manufacture" means any process for making, fabricating,

altering, repairing, ornamenting, finishing, packing, oiling,

washing, cleaning, breaking up, demolishing or otherwise

treating or adapting any article or substance with a view to its

use, sale, transport, delivery or disposal;

(f) "notification" means the notification published in the Official

Gazette;

(g) "owner of an industry" includes a person who has ultimate control

over the affairs of the industry and where the said affairs are

substantially entrusted to or carried on by a person such person

shall be deemed to be the owner of such industry;

(h) "prescribed" means prescribed by rules made under this Act.

3. (1) No person or authority other than the Government, shall, after

the commencement of this Act, establish or carryon any

industry in the State of Sikkim except under and in

accordance with a licence issued in that behalf by the

licensing authority under this Act.

(2) A licence under sub-section (I) may contain such conditions

and in particular,

(a) conditions as to percentage of shares to be offered to

persons domiciled in Sikkim for subscription;

(b) appointment of Managing Director or Chairman of

an industry;

(c) minimum employment of persons domiciled in Sikkim;

(d) minimum and maximum production;

Licence for esta-

blishing an indus-

try.

699

(e) right of the Government to inspect and control

quality of goods produced;

(f) location of the industry, as

may be prescribed.

(3) Notwithstanding anything contained in sub-section (2) or the

rules made under section 16, the licensing authority may

specify on the licence such other conditions as it may deem fit

in the interest of development of industries in the State and in

the interests of persons domiciled in Sikkim.

4. (1) An application for licence shall be made to the Licensing

authority in such form as may be prescribed and shall be

accompanied by such fees not exceeding rupees ten

thousand as may be prescribed.

(2) Where before the commencement of this Act, any person was

carrying on any industry, such person shall apply for licence

under sub-section (1) and may be entitled to continue to

carryon such business without a licence in respect of such

industry

(a) for a period of six months from the date of publication of

this Act in the Official Gazette; or

(b) if before the expiry of the said six months, such person

has made an application, for grant of licence under this

Act for such industry, until the final disposal of his

application.

(3) On receipt of the application for licence, the licensing

authority may either grant or refuse a licence:

Provided that no licence under this Act shall be granted if the

licensing authority for reasons to be recorded in writing, is of

opinion that granting of such licence shall be against the

public interest.

5. (1) Every licence granted under this Act shall be valid for a period

of ten years from the date on which it is granted and may he

renewed as provided in this section.

Procedure for

obtaining Licence.

Duration and

renewal of

Licence.

700

(2) An application for renewal of licence shall be made to the

licensing authority not later than three months before the date

of its expiry in such form and shall be accompanied by such

fees not exceeding rupees five thousand as may be

prescribed.

6. (1) The licensing authority may vary the conditions subject to

which a licence has been granted except such of them as has

been prescribed and for that purpose require the bolder of

licence by notice in writing to deliver up the licence to it within

such time as may be specified in the notice.

(2) The licensing authority may, on the application of the holder of

licence also vary the conditions of licence except such of them

as have been prescribed.

(3) The licensing authority may, by an order in' writing, suspend a

licence for such period as it thinks fit or revoke a licence,

(a) if it is satisfied that the holder of licence is prohibited by

any law for the time being in force to carryon an industry;

or

(b) if the holder of the licence has violated any of the

conditions under which the licence was. granted; or

(c) if the licensing authority deems it necessary in the interest

of public peace or public safety to suspend or revoke a

licence; or

(d) if the licence was obtained by the suppression of

material information or on the basis of wrong information

provided by the holder of licence or any other person on

his behalf at the time of applying for licence; or

if the holder of licence has failed to comply with a notice

under sub-section (1) requiring him to deliver-up the

licence; or

(e)

(f) if the holder of licence has been convicted for an offence

under the Prevention of Food Adulteration Act, 1954, the

Essential Commodities Act,

Variation, sus-

pension and revo-

cation of Iicence8.

701

1955, the Foreign Exchange Regulation Act, 1973, the

Essential Commodities (Special Provisions) Act, 1981 or

any other offence involving moral turpitude.

(4) Where the licensing authority makes an order varying the

conditions of a licence under sub-section (1) or an order

suspending or revoking a licence under sub. section (3), it

shall record in writing the reasons therefor and furnish to the

holder of the licence on demand and on payment of a fee of

rupees fifty a brief statement of the same.

(5) A court convicting the holder of a licence for any offence

under this Act or the rules made thereunder or for any

offence under the Acts referred to in clause (f) of sub-

section (3), may also suspend or revoke a licence:

Provided that if the conviction is set aside on appeal or

otherwise, the suspension or revocation shall become void.

(6) An order of suspension or revocation under sub-section (5)

may also be made by an appellate court of: by the High

Court.

7. Notwithstanding anything contained in any law, order, custom,

promise or contract to the contrary, no owner of an industry in

Sikkim shall have an exclusive right to manufacture any article for

any period within the State of Sikkim. Any person, company, body

corporate or firm having exclusive right to carryon any industry or

to manufacture any article (to the exclusion of others) shall cease

to have such right from the date of commencement of this Act.

8. The Notification No. 2/TIC, dated the 16th February, 1974

relating to Incentive for Growing industries in Sikkim except

paragraph (v) (b) and paragraph (vii) (a) and (b) thereof (relating

to Income Tax and Participation by the Government of Sikkim

and Sikkimese people) is hereby repealed. This section shall be

deemed to have come into force with effect from the 24th day of

May, 1976.

9. Every licence holder shall submit to the licensing authority

returns in respect of such statistics and other information at

such intervals as the Government may, from time to time.

require.

Abolition of exclusive.

right.

Repeal of notification

No. 2ITIC.

Submission of Returns.

702

10. (1) Every licence holder shall deposit with the licensing authority

such amount in such instalments as the said authority may,

having regard to the nature of the industry and the number of

persons employed therein, specify. (2) The amount also

deposited may be utilized by the licensing authority for payment

to the employees of the industry. compensation for loss of

employment before the expiry of the period of licence.

11. For promotion and development of traditional and small scale

indigenous industries using local materials, the Government may

grant such incentives as it may think fit in each case.

12. (l) Where an offence under this Act or rules made thereunder

has been committed by a company, every person who at the

time the offence was committed, was in charge of, and was

responsible to, the company for the conduct of the business of

the company, as well as the company, shall be deemed to be

guilty of the offence and shall be liable to be proceeded against

and punished accordingly:

Provided that nothing contained in this sub-section shall

render any such person liable to any punishment, if he proves

that the offence was committed without his knowledge or that he

had exercised all due diligence to prevent the commission of

such offence.

(2) Notwithstanding anything contained in sub-section (1),

where any offence under this Act has been committed by a

company and it is proved that the offence has been committed

with the consent or connivance of, or is attributable to any

neglect on the part of. any director, manager, secretary or other

officer of the company, such director, manager, secretary or

other officer shall also be deemed to be guilty of that offence

and shall be liable to be . proceeded against and punished

accordingly.

Explanation.-For the purposes of this section,

(a) "company" means any body' corporate and includes a firm or

other association of individuals, and

(b) "director" in relation to a firm means a partner in

the firm.

Licence holder

to deposit certain

amount with

Government.

incentives to certain

industries.

Offence. by

companies.

703

13. No suit or other legal proceeding shall lie against the Government

or any officer or authority empowered by the Government for

anything which is in good faith done or intended to be done

under this Act or rules made thereunder.

14. No suit or other proceedings shall lie against the Government or

its officers for any damage caused or likely to be caused by any

Act that may be enacted, extended and enforced by a

competent legislature in this State and has the effect of

amending, adding to, varying, altering or repealing of any of the

provisions of this Act.

15. Every person who contravenes any of the provisions of this Act or

rules made thereunder shall, on conviction, be liable to be

punished with imprisonment which may extend to six months or

to fine or with both.

16. (1) The State Government may, by notification, make rules for

carrying out the purposes of this Act.

(2) In particular, and without prejudice, to the foregoing powers.

such rules may provide for all or any of the following matters,

namely;

(a) the form of application for renewal

thereof;

grant of licence and

(b) the fees payable for grant and renewal of licence;

(c) the conditions subject to which a licence may be granted;

(d) any other matter which is required to be or may be

prescribed.

17. (1) The Sikkim Industries Licensing Ordinance, 1982 (1 of

1982) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action

taken under the Ordinance so repealed, shall be deemed to

have been done or taken under the corresponding provisions of

this Act.

Protection of

action in good

faith.

Bar to suits.

Penalties.

. . Power to make

rules.

Repeal and

saving.

704

THE SIKKIM SALES TAX ACT, 1983

(ACT NO.4 OF 1983)

AN ACT(3. 3. 83) to consolidate and amend the law relating to the levy of tax on the goods in the

State of Sikkim.

Be it enacted by the Legislature of Sikkim in the Thirty-fourth year of the Republic of

India as follows:

CHAPTER 1

PRELIMINARY

1. (1) This Act may be called the Sikkim Sales Tax Act, 1983. Short title, extent

and commencement.

(2) It extends to the whole of Sikkim.

(3) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint.

2. In this Act unless there is anything repugnant in the subject or

context,

(a) "business" includes any trade, commerce or manufacture or

any adventure or concern in the nature of trade, commerce or

manufacture carried on with or without a motive for profit whether

or not . any profit accrues from such activities and any transaction

ancillary or incidental to or in connection with such trade,

commerce or manufacture or adventure or concern;

Definitions.

(b) "commissioner" means the Commissioner of Commercial

Taxes appointed under sub-section (I) of Section 3 ;

(c) "dealer" means any person who carries on business of buying

and selling of goods for commission, remuneration or otherwise

and includes any firm, Hindu Undivided Family, company,

corporation, a department of Government. society, club or

association, the incorporation of such society, club or association

Explanation l.-A factor, broker, commission-agent, del-credere

agent, auctioneer or any other mercantile agent, by whatever

name called, who carries on the business of

705

buying or selling of goods and who has, in the course of his

business, authority to sell goods belonging to their owners, shall

be deemed to be a dealer for the purposes of this Act;

Explanation 2.- The manager or agent of a dealer residing

outside the State, and who sells or purchases goods in the State,

shall in respect to such business, be deemed to be a dealer for

the purpose of this Act;

(d) "declared goods" means the goods declared by section 14 of

the Central Sales Tax Act, 1956 to be of special importance in

inter-State trade or commerce;

(e) "goods" means all kinds of movable property in solid, liquid or

gaseous form, and includes all materials, commodities, articles

and also electricity but does not include newspapers, actionable

claims, stocks, shares and securities;

Explanation.-Materials, commodities and articles attached to

or forming part of immovable property which are agreed to be

severed under the contract of sale, shall be deemed to be goods

within the meaning of this clause;

(f) "manufacture" with all its grammatical variations and cognate

expressions, means producing, making, extracting, altering,

ornamenting, finishing or otherwise processing or adopting, any

goods but does not include such manufacture or manufacturing

process as may be prescribed;

(g) "notification" means a notification published in the Official

Gazette;

(h) "place of business" includes

( I ) in the case of any dealer who carries on business through an

agent (by whatever name called), the place of business of such

agent;

(2) a warehouse, godown or other place where a dealer stores

his goods; and

(3) a place, where a dealer keeps his books. of accounts;

(i) "prescribed" means prescribed by rules this

Act;

made under

74 of 1956.

706

(j) "prescribed authority" means such authority as may be

prescribed;

(k) "registered dealer" means a dealer registered section

10;

under

(I) "rules" means the rules made under this Act;

2 [(m) "sale" with its grammatical variations and cognate

expressions means any transfer of property in goods by one

person to another for cash or for deferred payment or for any

other valuable consideration and includes the "'transfer, delivery

or supply of goods by one person to an other person in any of the

following ways, namely:

(a) the transfer, otherwise than in pursuance of a contract, of

property in any goods' for cash, deferred payment or other

valuable consideration;

(b) the transfer for property in goods (whether as goods or in some

other form) involved in the execution of a works contract;

(c) the delivery of goods on hire-purchase or any system of

payment by instalments;

(d) the transfer of the right to use any goods for any purpose

(whether or not for a specified period) for cash, deferred payment

or other valuable consideration;

(e) the supply of goods by any unincorporated association, or

body of persons to a member thereof for cash, deferred payment

or other valuable consideration;

(f) the supply, by way of or as part of any service or in any other

manner whatsoever, of goods, being food or any other article for

human consumption or any drink (whether or not intoxicating),

where such supply or service is for cash, deferred payment or

ether valuable consideration,

does not include a mortgage or hypothecation of or a pledge on

goods."]

3 [Explanation 1.- Transfer of goods on hire-purchase or other

system of payment by instalments shall be deemed to be a sale if

and when there is a transfer of property or goods from the seller

to the buyer;]

2. Inserted by the Sikkim Sales Tax (Amendment) Act

3. Omitted by the Sikkim Sales Tax (Amendment) Act

No.4 of ,1986 w.e..1/4/86

No, 4 of 1986 w.e,f.l/4/86

707

4 [Explanation I.-A barter that is, sale by exchange of goods

shall be deemed to be a sale only when the exchange is based or

worked out in terms of the value of the goods, exchanged.]

5 [ Explanation 2.-A sale of goods shall be deemed to have

taken place in the State if it fulfils the requirements of the sub-section

(2) of section 4 of the Central Sales Tax Act 1956; ]

74 of 1956.

(n) "sale price" means the amount payable to a dealer as

consideration for the sale of goods, less any sum allowed as

cash discount but inclusive of any sum charged for anything

done by the dealer in respect of the goods at the time of or

before the delivery thereof other than the cost of freight or

delivery or the cost of installation in cases where such cost is

separately charged;

Explanation 1.- The term cash discount shall refer only to the

discount allowed by the seller to the buyer for the prompt or prior or

early payment of sale price according to the practice prevailing in the

trade;

Explanation 2. - The tax levied under this Act on the

transaction of sale shall not form part of the sale price for the purpose

of this Act, only if it is actually leviable under this Act on the seller and

is recovered by the seller from the buyer by showing it separately as

such in the cash memos, invoices or other sale memoranda;

6 ["Explanation 3.- In respect of goods delivered on hire

purchase or any system of payment by instalments, the sale price on

the date of such delivery shall, for the purposes of this Act, be

determined in such manner as may be prescribed." ]

7 [ "Explanation 4.- The sale price shall include the excise

duty, fee or any other levies on the goods, under any Central or State

law for the time being in force, made at the time of ..

4. Renumbered by the Sikkim Sales Tax (Amendment) Act No.4 of 1986 w. e. f. 1/4/86

5. Renumbered by the Sikkim Sales Tax (Amendment) Act No.4 of 1986 w. e. f. 6/4/86

6. Substituted by the Sikkim Sales Tax (Amendment) Act No.4 of 1986 w e. f. 1/4/86

7. Inserted by the Sikkim Sales Tax (Amendment) Act No.4 of 1986 w. e. f. 1/4/86.

708

or before the delivery of the goods to the buyer whether such duty,

fee or other levy is paid by the purchaser of the goods to the seller

along with the consideration for the sale or directly to the

Government.']

(o) "Sikkim" means the territory comprised in the State of Sikkim;

(p) "State Government" means the Government of Sikkim;

(q) "Tax' means tax payable under this Act;

(r) "turnover' used in relation to any period means the aggregate

of sale price or part of sale price receivable or if a dealer so

elects, actually received by the dealer during such period after

deducting the amounts if any, refunded by the dealer in respect

of any goods returned by the purchaser within such period as

may be prescribed:

Provided that an election as aforesaid once made shall not

be altered except with the permission of the Commissioner and

on such terms and conditions as he may think fit to impose

Explanation.- The turnover of sales shall include amounts

realized by a dealer by sale of surplus, unserviceable and discarded

goods, fixed or other assets of the business, bye-products and

subsidiary products of manufacture or processing but shall not include

sales in a canteen owned and run by the dealer for the benefit of his

workman or laborers;

(s) "year" means the financial year commencing on the first day

of April and ending on the 31st day of March next following.

CHAPTER II

Taxation authorities

3 (1) For carrying out the purposes of this Act, the State

Government may appoint a person to be Commissioner of

Commercial Taxes and such other persons with such designation

to assist him as may be necessary and as may be specified in

this behalf by the State Government by notification.

709

(2) The Commissioner and other persons appointed under sub-

section (1) shall exercise such powers as may be prescribed

and perform such duties as are imposed upon them by this Act

or rules made thereunder within such areas in the State as may

be specified in this behalf by the State Government by

notification.

(3) All persons appointed under sub-section (1) shall be deemed

to be public servants within the meaning of section 21 of the

Indian Penal Code.

45 of 1860

CHAPTER

Incidence of

III

Taxes

4. There shall be paid by every dealer who sells 8[ goods manufac-

tured, imported, produced or purchased by him in the State, a tax

on sales made on and from the date of commencement of this

Act.

incidence of

taxation.

5. (l) The tax payable by a dealer under this Act shall be levied on

taxable turnover at the following rates,

Rate of tax.

(a) in respect of goods specified in Schedule II, at the rate of ten

paisa in the rupee;

(b) in respect of declared goods, at such rate not exceeding four

paisa in the rupee as the State Government may, from time to

time, by notification, specify;

(c) in respect of any other goods at such rate not exceeding five

paisa in the rupee as the State Government may, from time to

time, by notification, specify;

(2) Notwithstanding anything contained in sub-section (1), the

State Government may, in public interest, by notification and

subject to such conditions as may be specified therein, direct that

no tax or a lower rate of tax shall be payable in respect of any

specified transactions or goods or class of dealers and such

notification may be given such retrospective or prospective effect

as may be specified therein. (3) For the purposes of this Act, the

expression 'taxable turnover' means that part of dealer's gross

turnover during the prescribed period in any year which remains

after deducting there from

8. Inserted by the Sikkim Sales Tax (Amendment) Act No.4 of 1986 with effect from 12/5l1983.

710

(a) his turnover during that period on

(i) the sales, at the subsequent stages of sales, of such

goods as are specified, by a notification, issued under

section 6 to be subject to tax at the first point in the series of

sales in Sikkim in respect of which tax due under this Act is

shown to have been paid to the satisfaction of the prescribed

authority;

(ii) the sales of goods exempted under section 8;

(iii) the transactions not liable to tax under section 9;

(iv) the sales of goods which are proved to the satisfaction of

the Commissioner to have already been subjected to tax

under this Act;

(v) the sales to a registered dealer

(a) of goods of the class or classes specified in the certificate of

registration of such dealer, as being intended for use by him as

raw materials in the manufacture in the State of any goods, other

than goods declared as tax-free under section 8,

(I) for sale inside the State; or

(2) for sale in the course of inter-State trade or commerce, being

sale occasioning or effected by transfer of documents of title to

such goods during the movement of such goods from the State;

or

(3) for sale in the course of export outside India being a sale

occasioning the movement of such goods from' the State, or a

sale effected by transfer of documents of title to such goods

during the movement of such goods from the State, to a place

outside India and after the goods crossed the customs frontiers of

India; or

(b) of the goods other than those notified under section 6 as

taxable at the first point in the series of sales, of the class or

classes specified in the certificate of registration of such a dealer

as being intended for resale by him in the State or for sale in the

course of inter-State trade or commerce or in the course of export

outside India in the manner specified in item (2) or item (3) of

item (a) of this sub-clause as the case may be; and

711

(c) of containers or other materials for the packing of goods of

the class or classes specified in the certificate of registration of

such dealer, other than declared goods intended for sale or re-

sale:

Provided that no deduction in respect of sale referred to in

sub-clause (v) shall be allowed unless a true declaration duly

filled and signed by the registered dealer to whom the goods

are sold and containing the prescribed particulars in the

prescribed form is furnished in the prescribed manner and within

the prescribed time, by the dealer who sells the goods

Provided further that where any goods are purchased by a

registered dealer for any of the purposes mentioned in sub-

clause (v) but are utilized by him for a different purpose, the

price of the goods so purchased shall be allowed to be

deducted from the gross turnover of the selling dealer but shall

be included in the taxable turnover of the purchasing dealer;

(vi) such other transactions as are exempted from payment of

tax by a notification issued under sub-section (2).

6. Notwithstanding anything contained in this Act, the Government

may, by notification in the Official Gazette. specify the point of sale

at which any goods or class of. goods may be taxed.

7. The burden of proving that the dealer is not liable to pay tax

under this Act in respect of any sale effected by him, shall lie on

him.

8. (1) No tax shall be payable under this Act on the sale of goods

specified in Schedule I subject to the conditions and

exceptions, if any, set out therein.

(2) The State Government, after giving by notification such

previous notice as it considers reasonable of its intention so

to do, may add to or omit from, or otherwise amend

Schedule I and thereupon the said Schedule shall be

deemed to be amended accordingly:

Provided that the said notification may be given such

retrospective or prospective effect as may be specified

therein.

Powers of Government

to prescribe point at

which goods may be

taxed.

Burden of proof.

Tax:free goods. .

712

9. Nothing in this Act or the rules -made thereunder shall be deemed

to impose or authorize the imposition of tax on any sale or

purchase of any goods when such sale or purchase takes place

(i) in the course of inter-State trade or commerce; or

(ii) outside the State: or

(iii) in the course of import of goods into. or export of

goods out of, the territory of India.

CHAPTER IV

Registration of dealers. etc.

10. (1) Every dealer liable to pay tax under this Act shall apply, within

30 days of his becoming so liable, to the prescribed authority for

registration under this Act.

(2) No dealer liable to pay tax under this Act. shall sell or

purchase goods unless he is in possession of a valid registration

certificate granted to him by or on behalf of the prescribed

authority or has applied for such registration within the time

specified in sub-section (1) and his application has not been

finally disposed of by the said authority.

(3) The prescribed authority may, on receipt of application in the

prescribed form from a dealer for registration, and on being

satisfied that the application is in order, grant registration from

such date as may be specified, to such dealer:

Provided that the said authority granting the certificate

may demand such security from the dealer as may be

prescribed before the registration is granted to him:

Provided further that no application for' registration made

by a dealer shall be refused, or partly granted unless he has

been given a reasonable opportunity of being heard before the

order is passed.

(4) If the prescribed authority is satisfied that a dealer liable to

pay tax under this Act has failed to apply for and get himself

registered, it may. by a notice in writing. direct the dealer to

apply for and get himself registered

certain sale and

purchases not liable

to tax.

Registration of

dealers.

713

within 15 days of the service of the notice, failing which the

dealer shall be liable to pay a penalty of rupees twenty-five for

each day's delay after the expiry of the said period of 15 days:

Provided that the said authority may, on, an application by the

dealer and for reasons to be recorded in writing, reduce or waive

the penalty, if it is satisfied that the delay has been caused' by

reasons beyond the control of the dealer.

.

(5) The registration certificate shall be in the prescribed form

and contain such particulars as may be prescribed. The

prescribed authority may on its own motion for reasons to be

recorded in writing or on an application by the dealer, cancel.

vary, modify, or amend any registration certificate granted under

sub-section 5:

Provided that a registration certificate shall cease to be in

force when the dealer has ceased to be liable to pay tax under

this Act or his business has been closed:

Provided further that when the registration certificate is

cancelled, varied, modified or amended otherwise than on

application by dealer or when the application made by the dealer

for the purpose is proposed to be rejected in whole or in part, a

reasonable opportunity of being heard or to show cause against

the proposed action shall be given to the dealer.

(6) The registration certificate granted to a dealer shall not be

transferable and if the business to which it relates is transferred

to another dealer, then that other dealer shall apply and get

himself registered under subsection (1) and (2) unless he is

already registered.

CHAPTER v

Return, Assessment, Recovery and Refund of Tax.

11 (1) Every registered dealer shall furnish such returns for such

periods in such form, to such authority and within such time as

may be prescribed:

Returns and

payment of tax.

714

Provided that if a dealer, having furnished a return

discovers any omission, error or wrong statement therein, he

may furnish a revised return in such manner as may be directed

by the aforesaid authority at any time before the said authority

passes the order determining the amount of tax payable by the

dealer for the period for which the return has been furnished:

Provided further that the said authority may, for reasons to

be recorded and after giving the dealer a reasonable opportunity

of being heard, refuse to take the revised return into

consideration if it is satisfied that the original or the revised return

was deliberately false and it was furnished with intent to defraud

the State Government of its revenue.

Explanation.-A dealer who is granted registration from any

particular date shall also be liable after the grant of such registration,

to furnish return also for the period prior to such date during which he -

.was liable to pay tax under this Act, in such manner and within such

time as may be prescribed.

(2) The dealer shall, before furnishing any return or revised

return referred to in sub-section (1) pay to the Government in

such manner and within such time as may be prescribed the

amount of tax due under this Act according to the return or the

revised return, as the case may be, and furnish along with the

return or the revised return, such proof of the payment of tax due

as may be prescribed, and any such return or revised return if

not accompanied by any such proof of payment shall be.

deemed invalid and treated as if it has not been furnished.

(3) If a registered dealer fails, without reasonable cause to

furnish any valid return within the time prescribed or within such

further time as may be allowed on application, by the prescribed

authority, a penalty at the rate not exceeding rupees five for each

day of delay shall be imposed without prejudice to any action

which is. or may be taken under any of the other provisions of

this Act.

12. A rebate shall be allowed at the rate of one per cent of the amount

of tax paid by the dealer within the time prescribed under sub-

section (2) of section 11 :

Rebate.

716

(d) appear or produce or cause to be produced- evidence

on the date specified under sub-section (2);

the prescribed authority shall, after giving a reasonable

opportunity to the dealer of being heard, determine the taxable

turnover of the dealer to the best of its judgment and assess the

tax on the basis of such determination and may, in addition,

impose penalty of an amount not exceeding one half of the

amount of tax so assessed:

Provided that no penalty under this sub-section shall be

imposed unless the prescribed authority is satisfied that the

failure of the dealer was willful, deliberate or unjustified and

unless a reasonable opportunity of being heard is given to the

dealer:

Provided further that in .cases covered by clause (a) of this

sub-section, no proceedings for assessment shall be initiated

after the expiry of four years from the' expiry of the relevant

period due for assessment or in cases in which the assessment

is made as a result of an order in appeal, revision or review, after

the expiry of two years from the date of such order.

(4) If upon information received, the prescribed authority is

satisfied that a dealer liable to pay tax under this Act in respect of

any period wilfully failed to apply for registration under sub-

section (1) of section 10 or having applied, wilfully failed to

furnish any particulars or information required for the purpose of

registration or having been registered fails to furnish returns

within the period prescribed under sub-section (1) of section 11,

the said authority shall, after giving the dealer a reasonable

opportunity of being heard, assess, according to its best judg-

ment, the amount of tax due from the dealer for such period or

any subsequent periods and in addition, may impose a penalty of

an amount not exceeding one half of the amount of tax so

assessed:

Provided that no proceedings under this sub-section shall

he initiated after four years from the expiry of such period.

717

Explanation.-For the purpose of sub-section (3) or sub-

section (4), as the case may be, the proceedings shall be deemed to

have been initiated when a notice therefor is served or deemed to

have been served on the dealer.

(5) If upon information which has come into possession, the

prescribed authority has reason to believe than any turnover of

a registered dealer in respect of any period has for any reason

escaped assessment or was under-assessed or assessed at a.

rate or rates lower than the rate' or rates correctly applicable, or

any deduction from turn over had been wrongly made, it shall,

within six years of the expiry of such period, serve on the dealer

a notice in the prescribed Form and proceed to assess or

reassess the amount of tax due from the dealer in respect of

such turnover in the manner specified by or under this section:

Provided that the amount of tax shall be assessed or re-

assessed after allowing such deduction and applying the same

rate of tax as was admissible during the said period:

Provided further that the said authority may, after giving

reasonable opportunity to the dealer of being heard, impose a

penalty not exceeding the amount of extra tax found leviable in

the proceedings under this sub-section, if it is satisfied that the

escape from assessment or underassessment had been caused

by the deliberate and willful failure on the part of the dealer

(a) to disclose, at the time of original assessment

the particulars of such turnover; or

(b) to furnish correct particulars.

14. (1) The tax admitted by the dealer to be due in any return or

revised return furnished by him under section 11 shall be paid in

the manner prescribed by or under sub-section (2) of that

section.

(2) The amount of the tax and penalty assessed as due from the

dealer under sub-section (3) of section 11 or under section 13

after deducting any amount paid by him along with the return.

under sub-section (2) of section 11 shall be paid by him in such

manner and within such time as may be specified in the notice.

of demand in the prescribed Form issued by the prescribed

authority; the date so specified

Procedure of payment of tax or

penalty.

718

being not less than 30 days from the date of service of the said

notice:

Provided that the said authority may, in its discretion and

for reasons to be recorded, on application by the dealer extend

the date for such payment or allow the payment to be made in

such instalments as may be determined by it.

(3) If a dealer has failed, without reasonable cause, to make

payment of any amount of tax together with the penalty, if any,

by the date specified in the notice issued under sub-section (2)

or by the date extended under the proviso thereto, interest at ten

per cent per annum shall accrue and be charged on such

amount from such date and such interest shall be treated as if it

were tax due under this Act and shall be paid by the dealer in the

prescribed manner:

Provided that interest shall not accrue or be charged on

any amount the recovery of which is stayed under sub-section

(5) during the period the stay operates.

(4) Any amount of tax, penalty or interest due from a dealer,

which remains unpaid may be recovered on application by the

prescribed authority to the Judicial Magistrate of the first class..

who shall realize it as if it were a fine imposed by him:

Provided that where, during the proceedings under this

sub-section, the amount of tax, -penalty or interest due from the

dealer is reduced as a result of appeal or otherwise, the

prescribed authority shall inform the dealer and the authority

before whom the proceedings are pending, and the amount so

reduced and the reduced amount shall be deemed to be

substituted for the amount originally intimated to the authority.

(5) Where an appeal against or an application for revision of the

assessment of tax or .levy of penalty or interest is entertained,

the appellate or the revisional authority as the case may be, may

on application stay recovery of the tax, penalty or interest in

whole or in part, subject to such conditions as it may impose till

such date as it may direct:

719

Provided that the stay of recovery so granted shall stand

vacated on the date the appeal or the application for revision is

finally decided or on such other date as the appellate or the

revisional authority may direct.

(6) No such proceedings for the recovery of tax under this

section shall be commenced after the expiry of twelve years

from the date on which the assessment was made:

Provided that where the assessment was under appeal or

under any other proceedings under this Act, the aforesaid period

of limitation shall commence from the date the appeal or other

proceedings were terminated.

15. (1) No person other than a registered dealer shall collect or

recover from any person any amount towards tax or purporting to

be tax under this Act on the sale of. goods.

(2) No registered dealers shall collect from any person any such

amount except in a case in which, and -to the extent to which,

such dealer is liable to pay tax under this Act:

Provided that where a registered dealer is in doubt about

his liability, he may collect and keep in deposit the tax so

collected towards his anticipated liability of tax; but shall refund

the deposit to the person from whom it was collected or to his.

successors or assignees, if any, to the extent up to which it is

finally determined in the proceedings under this Act, that the

dealer is held not so liable.

(3) Nothing contained in sub-section (1) or sub-section (2) shall

relieve a registered dealer from his liability for the. tax under this

Act.

16. (1) Subject to such rules as may be made the amount of tax,

penalty or interest paid. in excess of the amount finally

determined as payable by the dealer under this Act, shall be

refunded to him, on his application within 60 days of the date

on which the application is filed by him:

Provided that such application shall not be entertained unless it is filed before the prescribed authority within twelve

months from the date on which the order of assessment was passed:

Person authorised

to collect tax

from purchasers.

Procedure

when tax is

paid in excess.

720

Provided further that where the assessment was under

appeal, revision or any other proceedings under this Act. the said

period of limitation shall commence from the date on which the

order in appeal, revision or other proceedings is passed:

Provided also that any dealer may, by application, request

or the prescribed authority may, on its own motion, set off the

refund due against any other dues of the dealer under this Act or

under any other Act.

(2) Where a tax has been levied under this Act in respect of

sales or purchases inside the State of any declared good sand

such goods are subsequently sold in the course of inter-State

trade or commerce, the tax so levied shall be reimbursed to the

person making such sale in the course of inter-State trade or

commerce, in such manner and subject to such conditions as

may be prescribed:

Provided that no such reimbursement shall be made

unless an application in writing is made before the prescribed

authority under this Act within twelve months of the date on

which the inter-State sale is made, which period may be

extended for sufficient cause by the said authority by such time

as may be considered necessary by it for reasons to be recorded

in writing.

9 ["(3) where any goods are delivered under any agree-

ment of hire-purchase or of any system of payment by

instalments and tax under this Act has been levied on the dealer

who made the delivery of the said goods and such goods are

returned to the said dealer at any time during which the

agreement of hire-purchase subsists, the proportionate amount

of tax levied on the unpaid instalments of sale price shall be

refunded to the said dealer:

Provided that no such refund shall be admissible unless a

claim therefor is filed before the prescribed authority in such

manner and within such time as may be prescribed. "]

17. (I) Every dealer liable to pay tax under this Act, who is an

Undivided Hindu Family, a firm, company. corporation, society,

club or association shall furnish to the

Declaration by

the dealer.

9. .

Inserted by the Sikkim Sales Tax (Amendment) Act No. 4.of 1986w.e.f. 1/4/86.

721

prescribed authority in the prescribed manner and within the

prescribed time, a declaration stating the name and prescribed

particulars of the person who shall be deemed to be in charge of

the business for the purpose of this Act.

(2) Any statement made. return furnished, accounts, registers

and documents produced or evidence given by such person or

any other person authorized by him or by the dealer in this

behalf, in the course of any proceedings under this Act, shall be

binding on and enforceable against the dealer.

CHAPTER VI

Maintenance and production of accounts by the dealer.

18. (I) Every registered dealer shall keep a true and complete

account in respect of all goods produced, raised, manufactured,

processed, purchased, sold or delivered by him:

Provided that the Commissioner may, by notification, lay

down the forms or registers or the manner in which the said

dealers shall maintain the accounts as aforesaid as well as cash

memoranda, bills, invoices etc, and the dealer shall maintain the

accounts and documents accordingly.

(2) The prescribed authority may direct the dealer to produce

accounts or any information in such manner as may be required

for the purpose of assessment of tax under this Act 'if the said

authority is not satisfied that the accounts maintained and

produced by the dealer are sufficiently clear and intelligible for

determining the correct amount of the tax payable. by the dealer.

(3) Subject to such rules as may be made by the State

Government under this Act, the prescribed authority may, either

before or after the assessment of tax under this Act, require any

dealer, including a dealer not registered under this Act, to

produce before him all or any of the accounts, registers and

documents maintained by the dealer and also to furnish any

information relating to financial transactions of the dealer

relating to his business, including information regarding stocks

of goods held, imported, produced, manufactured, processed,

bought, 'sold or delivered, the sale price realized, the profit

derived there from, and the dealer shall comply with such

requirements.

Liability to maintain

and

produce accounts

and supply of

information.

722

(4) Subject as aforesaid, all accounts and documents connected

with the business of the dealer, stocks of all goods purchased or

kept by him for sale, the cash, or bank pass books, statements

or deposit receipts kept in any place of business shall at all

reasonable times, be open to inspection and search by the

prescribed authority or by any person appointed to assist him

under sub-section (I) of section 3 or by such other person as

may be authorised by him for the purpose in writing and the

dealer shall render all possible assistance to such authority or

person in the search or inspection, as the case may be.

Explanation I.-It shall be open to the said authority or

person to take or cause to be taken such copies of, or extracts from,

the aforesaid accounts, registers and documents as may be

considered by it or him necessary and to require the dealer or any of

his employees present at the time to authenticate or witness such

copies or extracts, as the case may be.

Explanation 2.- The authority or person may, subject to

such rules as may be made, break open any door, window, almirah,

safe or other containers in the place of business in which he has

reason to believe that the dealer has kept or is keeping any accounts.

registers or documents or stocks of goods or cash relating to the

business which the dealer has refused to open or produce for

inspection.

(5) If the prescribed authority has reason to suspect that any

dealer is attempting to evade the payment of any tax due under

this Act or under the Central Sales Tax Act, 1956, such authority

or person may, for reasons to be recorded in writing, seize or

cause to be seized such accounts, registers or documents

including bank pass books or statements, as may be considered

necessary, and shall grant a receipt for the same. Such seized

accounts, registers or documents may be retained by the said

authority for so long as may be necessary for examination or for

conducting any prosecution under section 23 and shall thereafter

be returned to the dealer who shall acknowledge in writing the

receipt of the same:

Provided that the seized accounts, registers and do-

cuments shall not be retained by any authority other than the

prescribed authority for over 90 days save with the approval, in

writing, obtained from the prescribed authority.

74 of 1956.

723 ,

19. (1) Notwithstanding anything contained to the contrary in any

agreement, contract or understanding, when the owner ship of a

business of a dealer liable to pay tax under this Act, is

transferred in whole or in part, the transferor or the transferee

shall be jointly or severally liable for informing the particulars' of

the transfer to the prescribed authority in such manner as may

be prescribed and for the payment of any tax, penalty or interest,

if any, payable in respect of such business and remaining unpaid

at the time of such transfer:

(2) Where a dealer from whom any amount is due towards tax,

penalty or interest dies, the executor, receiver manager,

administrator or successors-in-interest to his estate or any other

legal representative including a Court of Wards shall be liable to

inform the prescribed authority in such manner as 'may be

prescribed and to payout of the property of the' deceased the

amount so payable and shall also be liable 'and responsible to

attend and participate or be represented in all proceedings under

this Act pending at the time of the death of the dealer:

Provided that nothing in this sub-section shall require re-

issue of notices or intimation already issued to the dealer and

the proceedings pending on the date of death of the dealer shall

be continued as if the said dealer is substituted by the person or

persons mentioned in this sub-section.

(3) Where the dealer is a minor or is incapacitated and his

business is carried on by any other person on his behalf,

whether he is a guardian, trustee or agent, such person shall

inform the prescribed authority and the tax shall be assessed

upon and be recoverable from such . person as if he were the

dealer.

(4) Where the dealer is an Undivided Hindu Family, firm or other

association of persons, and such family, firm or association is

partitioned, dissolved or business thereof is, due to any reason,

disrupted, as the case may be, the tax, penalty and interest for

the period or periods upto the date of such partition, dissolution

or disruption may be assessed, imposed and levied as if the

partition, dissolution or disruption has not taken place and every

person who was at

Liability on. the

. transfer of business.

714

. the time of' such partition, dissolution or disruption a member

of such family, firm. or association shall be liable severally

. and jointly for furnishing such particulars as may be prescribed

and for the payment of such tax, penalty or interest, whether the

assessment, imposition or levy was made before or after such

partition, dissolution or disruption.

CHAPTER VII

SUITS, APPEAL, REVISION AND REVIEW.

20. (1) No assessment made. proceedings taken or order passed

under this Act shall be called into question in any court. save as

provided in this Act.

(2) No suit, prosecution or other legal proceedings shall lie

against any public servant or any person appointed under

section 3 for anything done in good faith under this Act or the

rules or notifications made thereunder save with the previous

sanction of the State Government.

21. (1) Subject to such rules as may be made, any dealer may, in the

prescribed manner, appeal to such authority as may be

prescribed against any order passed under subsection (3) of

section 11, section 13 and section 16 of the Act.

(2) No such appeal shall be entertained unless

(a) it is accompanied by proof of payment, in such manner as

may be prescribed, of the amount of tax admitted by the

dealer to be due from him and ten per cent of the difference

between such amount of tax including penalty and interest

assessed; or

(b) it is filed within forty five days of the date of passing of

the orders as aforesaid or 30 days from the date on which

the demand, if any, for tax or penalty is served or deemed to

have been served on the dealer, whichever is later:

Provided that the aforesaid authority may admit an appeal

after the expiry of the said period, if on application by the

dealer, it is satisfied that the dealer was prevented by

sufficient cause from preferring the appeal within the

aforesaid time.

Bar to certain

proceedings.

Appeal, revision

and review.

725

(3) Subject to such rules as may be made, any order passed in

appeal under sub-sections (1) and (2) may be revised by such

authority as may be prescribed on an application by the dealer

or by or on behalf of the State Government as the case may be:

Provided that no application for revision shall be

entertained unless it is made before the' said authority within 60

days of the date' of passing of the order under sub-section (1) or

sub-section (2), as the case may be, but the said authority may,

if it is satisfied, on application that there' was sufficient cause for

the delay, admit the said application for revision after

.condoning- the delay:

Provided further ,that the Commissioner may call for and

examine the record of any proceedings under this Act in which

any order other than an order passed in appeal under sub-

sections (1) and (2) has been passed by any person appointed --

to assist the Commissioner for the purpose of satisfying himself

as to the legality or propriety of such order and may, after such

examination and after making or causing to be made such

enquiry as he may deem necessary,' pass any order which he

thinks fit and proper:

Provided that no action under the second proviso shall be

initiated while any appeal under sub-section (1) is pending or

when the time prescribed in sub-section (2) for filing the appeal

has not expired and except before the expiry of four years from

the date of order which is the subject of scrutiny by the

Commissioner.

(4) The aforesaid appellate or revising authority may

(a) confirm, reduce, annul, enhance or otherwise modify the

assessment of tax, penalty or interest;

(b) set aside any order and direct the authority which made

the order, to pass a fresh order after further enquiry on

specified points; or

(c) pass such other orders as it may deem fit and proper.

726

(5) No order prejudicial to any dealer shall be passed under this

section without a reasonable opportunity of being heard being

given to him.

(6) Subject to such rules as may be made, any authority under

this Act or its successors in office may, on application or

otherwise, review any order passed by it to correct any error or

mistake apparent from records:

Provided that neither an application under this subsection

nor the period during which it is pending shall be considered as

cause for the delay, if any, in filing any appeal or application for

revision

Provided further that no such review shall be made if it

has the effect of enhancing the tax or penalty or both, or of

reducing a refund, unless the dealer or the person who is

liable to pay the tax or the penalty or both, or as the case

may be, eligible to get refund, is given a reasonable

opportunity of being heard.

22. The amount of fees payable for any appeal or application made

under this Act shall be such as may be prescribed:

Provided that the amount of fees so prescribed shall not

be less than a rupee and shall not exceed five hundred rupees

Provided further that no fee shall be payable for any

appeal or application filed by or on behalf of the State

Government.

CHAPTER VIII

Prosecution and penalties.

23. (1) Without prejudice to any action taken or that may

be taken or any order passed or may be passed under

any of the provisions of this Act, whoever-

Payment of fee.

Offences.

727

(a) being a dealer, sells or purchases goods in contravention

of sub-section (2) of section 10 or fails or neglects to comply

with the provisions of sub-section (1) thereof; or

(b) fails without sufficient cause, to submit any return

required under section. 11 or wilfully submits a false return;

or

(c) not being a registered dealer falsely represents that he is

such a dealer; or

(d) fails or neglects to maintain or produce accounts under

section 18 or produces false and incorrect accounts or

(e) prevents or obstructs any authority under this Act in the

performance of its duties and functions under this Act; or

(f) fails to pay the tax due in accordance with section 14; or

(g) contravenes the provisions of section 15; or

(h) fails to furnish the information or particulars mentioned in section 19; or

(i) contravenes section 26; or

(j) abets any person in the commission of any of the offences

specified in clauses (a) to (i);

shall be punishable with imprisonment of either description which

may extend to one year or with fine which may extend to ten

thousand rupees or with both and if the offence is a continuing

one, with a daily fine not exceeding one hundred rupees during

the period the offence continues.

(2) No court shall take cognizance of any offence under this Act

or the rules made thereunder except with the previous sanction

of the prescribed authority.

(3) All offences punishable under this Act shall be cognizable

and bailable.

(4) Notwithstanding anything contained in sub-section (I), the

prescribed authority may compound any offence under this Act

or the rules made thereunder before or after the

. 728

24.

institution of proceedings under that sub. section by accepting

from the person charged with the offence a sum not exceeding

twenty thousand rupees as may be determined by the said

authority, in addition to the tax, penalty or interest that may be

leviable under the Act, and on payment of the sum so

determined together with the amount of tax, penalty or interest

due, the proceedings before any court or prescribed authority

under this section shall abate.

A dealer or any other person required to appear or to produce

any accounts, documents or other records before any authority

under this Act may appear, or produce as the case may be in

person, or be represented by any other person in such manner

as may be prescribed.

25. No particulars or information contained in any statement made,

returns filed, books or documents produced by a dealer under

this Act or any assessment made or order passed by any of the

authorities under this Act shall be treated' as confidential and no

person other than the said dealer shall be compelled to give

evidence derived from any of the aforesaid records, save with the

general or special previous sanction of the State Government

which may give or withhold such sanction as it may deem fit:

Provided that nothing in this section shall prevent the

disclosure of all or any such particulars or information to any

Government servant for the purpose of

(1) investigation of any crime and prosecution of any person

under this Act or under any of the laws of Central or State

GovernmeI.1t; or

(2) audit of receipts and refunds of tax including penalty and

interest and fees levied by or under this Act; or

(3) enforcing recovery of all amounts due under this Act:

Provided further that the State Government may by

notification and subject to such conditions as it may impose,

delegate its power under this section to any authority

subordinate to it.

26. (1) The State Government may, by notification, set up and erect in

such manner as it may deem fit, check posts and barriers at any

place in the State, at which all persons

Appearance through

authorised agent.

Secrecy of infor-

mation given by

dealer.

Check posts.

729

vehicles or other means of transporting goods intended for sale

may be detained, intercepted or searched to prevent evasion of

tax under this Act.

(2) Every person transporting such goods across the said check

posts or barriers may be required to file such documents or

other proof as may be prescribed along with a correct and

complete declaration in the prescribed form before being

allowed to proceed.

27. If any difficulty arises in giving effect to the provisions of this Act,

the State Government may, by general or special order

published in the Official Gazette, make such provisions not

inconsistent with the provisions of this Act as appear to it to be

necessary or expedient for the removal of the difficulty:

Removal of

difficulties.

Provided that no such order shall be made after the

expiration of two years from the commencement of this Act.

28. (1) The State Government may make rules for carrying

out the purposes of this Act.

Power to

make rules.

(2) The rules so made may be given effect from such date or

with such retrospective effect as the State Government may

specify therein.

(3) In making any rules, the State Government may direct that a

breach thereof shall be punishable with a fine not exceeding

rupees one thousand and when the offence is a continuing one -

with a daily fine not exceeding rupees fifty during the

continuance of the offence.

(4) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for

(a) the particulars to be contained in a declaration referred to in

the proviso to sub-clause (v) of clause (a) of subsection (3) of

section 5, the forms of such declarations, the manner in which,

the conditions and restrictions subject to which and the authority

from which such forms shall be obtainable and the manner in

which such .declarations are to be furnished;

730

(b) the authority to which the application for registration under

section 10 shall be made;

(c) the procedure for, and other matters incidental to, the

registration of dealers and the granting of certificates of

registration and the forms of such certificates under section 10;

(d) the intervals at which, and the manner in which the tax under

this Act shall be payable under section 11;

(e) the returns to be furnished under section 11; and dates by

which, and the authority to which, such returns shall be

furnished;

(f) the date by which returns for any period are to be furnished

and the procedure to be followed for assessment under section

13;

(g) the manner in which refunds under section 16 shall be made;

(h) the accounts and forms of refunds and reimbursement under

section 16;

(i) the conditions for the maintenance and production of accounts

or documents or for furnishing information and the authority to

which such accounts, documents or information may be

furnished under section 13;

(j) the manner in which, and the authority to which appeals or

revisions against any order passed under this Act may be

preferred under section 21;

(k) the procedure for, the disposal of appeals and applications for

revision and reviews under section 21;

(l) the amount of fees payable under section 22 for any appeal

or application filed under this Act;

(m) the conditions under which, and the authority by which the

offences may be compounded under section 23;

(n) the manner in which, and the time within which applications

shall be made, information furnished and notices served under

this Act;

(o) any other matter which may be or is required to be

prescribed.

731

CHAPTER IX

MISCELLANEOUS

29. (1) On and from the commencement of this Act, all laws relating to

Sales Tax in force in the State, shall stand repealed.

(2) All collections of tax, penalty and interest, and all

proceedings or assessments made, actions taken, things done

or orders passed, by any authority under any law referred to in

sub-section (I) are hereby, validated and shall for all purposes be

deemed to have always been made, done, taken or passed in

accordance with law.

(3) All proceedings pending on the commencement of this Act

with regard to assessment, collection of tax, penalty or interest,

or matters in appeal, revision or review shall continue and be

disposed of as if this Act had not been passed.

SCHEDULE 1

(See Section 8)

2 1

Repeal and

Validation.

1. All cereals and pulses including broken particles and husk

and bran thereof

2. Wheat flour including atta and suji

3. Bread

4. Meat which has not been cured or frozen

5. Fresh fish

6. Vegetables, green or dried commonly known as sabji,

tarkari or sak

7. Cooked food, other than cake, pastries, biscuits

and sweetmeats

8. Gur and molasses

9. SaIt

Except when sold in

sealed container.

Except when sold in

sealed container.

...

732

.. 1 2

10. Milk

11 Livestock, including poultry

12. Agriculture implements Except tractors and

power tillers and sp-

are parts accessories

and component parts

thereof. 13. Cotton Yarn

14. Inferior grade of kerosene oil, that is to say, the kerosene

referred to in item 7 of the first Schedule to the Central Excise

and Salt Act, 1944 and having all the following characteristics

also.

(i) it is not lighter in color than solution with the following

composition :

Quarter normal aqueous solution of :

(a) Ferric Chloride (FeCL 3. 6H 2 0),

(b) Cobitous Chloride (C 0 CL2' 6H2 0),

(c) Copper Sulphate (C u S04' 5H 2 0), mixed in the ratio of

6 : 3 : 1 : and

(ii) it has flashing point below 65; 60 of centigrade thermometer.

15. Tobacco for hookah, that is to say, tobacco paste ready for use in hookah.

16. Texts & exercise books for educational purpose and such other sacred books as

may be prescribed.

17. Water, but not aerated or mineral waters when sold in bottles or sealed containers.

18. Electrical energy.

19. Raw Jute.

20. Plain paper, commonly known as Darbar Paper Government Paper 'cartridge

paper sold by Government Treasuries through the agency of licensed stamp vendors.

21. Eggs.

22. Sag and tapioca globules.

23. Charkha.

24. Cotton.

25. Handloom Woven " .

733

(a) Gamchas.

(b) Khaddar or Khadi. Except those made from silk yarn.

(c) Garments made of khaddar or khadi referred in sub-item (b)

.

(d) Handicraft goods locally produced only.

26. Mustard Oil, rape oil and mixtures of mustard and rape oil.

27. Newspapers.

28. Mustard seed and rape seed.

29. Flowers and plants.

30. Vegetable seeds.

31. Hosiery goods.

SCHEDULE-II

(See Section 5)

1. Motor Vehicles, including chassis of motor vehicles, motor tyres and tubes and

spare parts accessories and component parts of motor vehicles.

2. Motor cycles and cycle combinations, motor scooters, motorettes and tyres, tubes and

spare parts accessories and component parts, of motor cycles, motor scooters, and

motorettes.

3. Refrigerators, air-conditioners, air-coolers and air-conditioning plants, and spare

parts, accessories and component parts thereof.

4. Wireless reception instruments and apparatus, radios and radio-gramophones, television

sets, electrical valves, transistor radios, accumulators, amplifiers and loudspeakers and

spare parts accessories and component parts thereof.

5. Cinematographic equipment including cameras, projectors and sound recording and

reproducing. equipment and spare parts accessories and component parts thereof.

lenses, films and parts and accessories required for use therewith.

6. Photographic and other. cameras and enlargers and spare parts accessories and

component parts thereof, lenses, films and plates paper and cloth, and other parts and

accessories required for use therewith.

7. All clocks, timepieces and watches and parts thereof.

8. Iron and steel safes and almirahs.

734

9. All arms including rifles, revolvers and pistols, and ammunition for 'he same.

Cigarette cases and lighters.

Dictaphone and other similar apparatus for recording sound and

parts thereof and electro-magnetic recording tapes including

cassette tapes whether prerecorded or not.

12. Sound transmitting equipment including telephones and loudspeakers and spare

parts thereof.

10.

11.

13. Typewriters, tabulating machines, calculating machines, duplicating machines and

address printing machines and parts thereof.

14. Binoculars, telescopes and opera glasses.

15. Gramophones and component parts thereof and records.

16. Cushions, mattresses, pillows and other articles made wholly or partly of rubber

foam.

17. Cushions, mattresses, pillows and other articles made wholly or partly of artificial

or synthetic resin and plastic foam.

18. Vacuum flasks of all kinds and descriptions including refills for such flasks.

19. Articles made wholly or principally of stainless steel except tumblers, dishes and plates

only such varieties of them as are commonly known as gelas, thala and rekabi,

respectively.

20. Furniture made wholly or principally of iron or steel.

21. Furniture made wholly or principally of aluminum

22. Upholstered wooden furniture.

23. Perambulators including push-chairs for babies and spare parts, accessories and

component parts thereof.

24. Carpets of all varieties and description except locally produced.

25. Linoleum.

26. Lifts. whether operated by electricity or steam, and spare parts, accessories and

component parts thereof.

27. Exhaust fans and air circulators and spare parts. accessories and component

parts thereof.

28. Electric heaters ,of all varieties and descriptions.

29. Diamond.

30. Precious and synthetic stones other than diamond. real or artificial.

31. Pearls-real, artificial or cultured.

735

32. Golden or silver filigree.

33. Furs and articles made of fur.

34. Marble chips, marble or mosaic floor and wall tiles, and articles made of marble or mosaic.

35. Laminated sheets, like Formica, Sunmica, etc.

36. Perfumes.

37. Ornaments set with diamond or stones (real or artificial) or with pearls ( real,

artificial or cultured).

38. All kinds of paints, including acrylic and plastic emulsion paints, lacquers, distempers,

cement colors of paints, enamels, liquid paints, stiff paste paints, powder paints, whether

ready for use or not.

39. Varnishes, vegetable paint removers and strainers of all kinds.

40. Cosmetics of all varieties, but excluding hair oil.

THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 1983

(ACT No5 of 1983)

AN

ACT [ 31.3.1983 ]

to amend the Sikkim Panchayat Act, 1982.

BE it enacted by the Legislature of Sikkim in the Thirty-fourth

Year of the Republic of India as follows:

1. (I) This Act may be called the Sikkim Panchayat (Amend

ment) Act, 1983.

Short title and

commencement

. (2) It shall be deemed to have come into force on the 18th day of

December, 1982.

2. In the Sikkim Panchayat Act, 1982 (hereinafter referred to

as the principal Act), section 6, clause (3) shall be omitted. Amendment of

section 6.

3. In the principal Act, after section 101, the following sections Insertion of new

shall be inserted, namely:- sections 101A and 1O1B.

"IOI A. Any act of commission or omission which is an electoral

offence in relation to elections to the Legislative

" Electoral

Offences"

736

Assembly of Sikkim under Chapter VII of the Representation of

Peoples Act, 1951 or under any law for the time being in force

shall be deemed to be an electoral offence in relation to the

elections to the Gram Panchayats under this Act.

43 of 1951.

101 B. The State Government shall have the same powers in the

matter of requisition of premises, vehicles and animals for the

purpose of the conduct of elections to the Gram Panchayats as in

the case of elections to the Sikkim Legislative Assembly."

Requisition of

premises, vehicles

etc., for election

purpose.

4. In the principal Act, in section US. after sub-section (3),

the following sub-section shall be inserted, namely: .Amendment of

section 115.

"(4) Any person who contravenes the provisions of this Act or

rules made thereunder for which no penalty is provided for

under this Act shall be punishable with imprisonment for a

term which may extend to six months or with fine which

may extend to two hundred rupees, or with both."

5. (1) The Sikkim Panchayat (Amendment) Ordinance, 1982

is hereby repealed.

Ordinance 3 of 1982.

(2) Notwithstanding such repeal, anything done or any action

taken under the Ordinance so repealed, shall be deemed to have

been done or taken under the corresponding provisions of this Act.

Repeal and

saving.

THE SIKKIM SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1983

(ACT NO.6 OF 1983)

AN ACT

[ 4. 4. 1983 ]

to provide for the regulation of conditions of work and

employment in shops, commercial establishments, residential hotels,

restaurants, eating houses, theatres, other places of public

amusement or entertainment and other establishments and for

matters connected therewith or incidental thereto.

BE it enacted by the Legislature of Sikkim in the Thirty-

fourth year of the Republic of India as follows :

737

CHAPTER I

PRELIMINAR Y

1. (1) This Act may be called The Sikkim Shops and Commercial

Establishments Act, 1983.

(2) It extends to the whole of Sikkim.

(3) It shall come into force on such date as the State Government

may, by notification, appoint and different dates may be

appointed for different provisions of this Act and for different

areas or different classes of establishments.

2. In this Act, unless the context otherwise requires,

(1) "apprentice" means a person aged not less than fourteen

years who is employed, whether on payment of wages or not, for

the purpose of being trained in any trade, business or

employment in any establishment;

(2) "Chief Inspector "means the Chief Inspector appointed under

section 68 (2);

(3) "child" means a person who has not completed his fourteenth

year;

(4) "closed" means not open for the services of any customer or

for any other purpose, whatsoever, relating to business;

(5) "commercial establishment" means an establishment which

carries on any business. trade, profession or any work in

connection with, incidental or ancillary to, any business, trade or

profession and includes

(a) a society registered or deemed to have been registered

under the Sikkim Co-operative Societies Act, 1978, and a

charitable or other trust, whether registered or not, any

business, trade, profession or work in connection with or

incidental or ancillary to such business, trade or profession;

(b) an establishment which carries on the business of

advertising, commission agency, forwarding or commercial

agency or which is a clerical department of a factory or of any

industrial or commercial undertaking;

(c) an insurance company, joint stock company, bank, broker's

office and exchange; but does not include a

Short title, Extent,

Operation and

Application.

Definitions.

12 of 1978.

738

factory, shop, residential hotel, restaurant, eating house, theatre

or other place of public amusement or entertainment

(6) "day" means the period of twenty-four hours beginning at

midnight;

Provided that in the case of an employee whose hours of

work extend beyond midnight, day means the period of twenty-

four hours beginning when such employment commences

irrespective of midnight;

(7) "employer" means a person owning or having ultimate control

over the affairs of an, establishment and includes the manager,

agent or any other. person acting in the general management or

control of such establishment;

(8) "establishment" means a shop, commercial establishment,

residential hotel, restaurant, eating house, theatre or other place

of public amusement or entertainment and includes such other

establishment as the State Government may, by notification,

declare to be an establishment for the purposes of this Act;

(9) "factory" means any premises which is a factory within the

meaning of the Factories Act, 1948 or which is deemed to be a

factory under section 85 of the said Act;

63 of 1948.

(10) "goods" includes all materials, commodities and

articles;

(11) "holiday". means a day on which an establishment shall

remain closed or on which an employee shall be given holiday

under the provisions of this Act;

(12) "Inspector" means an Inspector appointed under this Act;

(13) "leave" means

VIII of this Act;

leave as provided for in Chapter

(14) "local area" means any area or combination of areas to

which this Act applies;

(I5) "local authority" means the Gangtok Municipal Corporation

constituted under the Gangtok Municipal Corporation Act, 1975,

and includes any other body which the State Government may,

by notification, declare to. be local authority for the purposes of

this Act;

4 of 1975.

739

(16) "manager" means a person declared to be a manager under

section 6;

(17) "member of the family of an employer" means the husband,

wife, son, daughter, father, mother, brother, sister of an employer

who lives with and is dependent' on such employer;

(18) "notification:' means a notification published in the

Official Gazette;

(19) "opened" means opened for the services of any customer for

any business of the establishment, for work, by or with the

help of any employee of or connected with the

establishment;

(21) "prescribed" means prescribed by rules made under this Act;

(22) "prescribed authority" means the authority prescribed under

the rules made under this Act;

(23) "register of establishment" means a register maintained for

the registration of an establishment;

(24) "registration certificate" means a certificate' showing the

registration of an establishment;

(25) "residential hotel" means any premises in which a bonafide

business is carried on of supplying for payment lodging or board

and lodging to travelers and other members of the public -on

payment and includes a residential club;

(26) "restaurant and eating house" means any premises in which

is carried on wholly or principally the business of the supply of

meals or refreshments to the public or a class of the public for

consumption on the premises;

(27) "shop" means' any premises where goods are sold, either by

retail or wholesale or where services are rendered to customers,

and includes an office, a store room, godown, warehouse or work

place whether in the same premises or otherwise used in

connection with such trade or business

notification published in the

(20) "period of work" means the time during which an

employee is at the disposal of the employer;

740

but does not include a factory, a commercial establishment,

residential hotel, restaurant, eating house, theatre or other place

of public amusement or entertainment;

(28) "spread over" means the period between the commencement

and the termination of the work of an employee on any day;

(29) "theatre" includes any premises intended principally or wholly

for the exhibition of pictures or other optical effects by means of

cinematograph or other suitable apparatus or for dramatic

performances or for any other public amusement or

entertainment;

(30) "wages" means wages as defined in the Payment of Wages

Act, 1936;

(31) "week" means the period of seven days beginning at

midnight of Saturday;

(32) "year" means a year commencing on the first day of January;

(33) "young person" means a person who is not a child and has

.not completed his seventeenth year.

8. References to the time of day in this Act are references to

the Indian Standard Time.

4. (1) Nothing contained in this Act shall apply to

(a) a person whose work is inherently intermittent such as a

traveler, canvasser, watchman or a caretaker;

(b) offices of the Central or State Government or of local

authorities, of the State Bank of India, the State Bank: of Sikkim

and the Life Insurance Corporation;

(c) establishment for treatment or care of the sick:, infirm,

destitute or mentally unfit persons;

(d) bazaars, fairs or exhibitions for the sale of works for charitable

or other purposes from which no profit is derived;

(e) stalls and refreshment

dining cars;

rooms at railway stations or railway

(f) clubs not being residential clubs ;

741

(g) any commercial establishment carrying on the business of

transport of passengers and goods by motor vehicles and

persons exclusively employed in relation to such business;

(h) offices of lawyers; and

(i) any other class of establishments or class of persons which the

State Government may, by notification, exemption from the operation

of this Act.

5. The State Government, may, if satisfied that the public

interest so requires or that the circumstances of any establishment

are such that it would be just and proper so to do. by notification,

exempt either permanently or for any specified period, any

establishment or class of establishments or person or class of

persons to which or to whom this Act applies, from all or any of its

provisions, subject to such restrictions and conditions as the State

Government may specify in the notification.

CHAPTER II

REGISTRATION OF ESTABLISHMENTS

6. (I) Every establishment to which this Act applies shall be

registered in accordance with the provisions of this section.

(2) Within thirty days from the date on which the Act applies to an

establishment, the employer shall send to the Chief Inspector, a

statement in a prescribed form, together with such fees as may

be prescribed containing:

(a) the name of the employer and the manager. if any;

(b) postal address of the establishment;

(c) the name, if any, of the establishment;

(d) the category of the establishment, i. e. whether it is a shop,

commercial establishment, residential hotel, restaurant,

eating house, theatre or place of public amusement or

entertainment; and

(e) such other particulars as may be prescribed.

742

(3) On the receipt of the statement and the fees, the Chief

Inspector on being satisfied about the correctness of the

statements made therein, shall register an establishment in the

register of establishments and shall issue in the prescribed form,

a registration certificate to the employer. The registration

certificate shall be displayed at a conspicuous place in the

establishment.

(4) Registration certificate granted under sub-section (2), shall be

valid upto the end of the year for which it is granted. An

application for the renewal of a registration certificate shall- be

submitted not less than fifteen days before the date of expiry of

the registration certificate or of the renewed registration, as the

case may be, and shall be accompanied by such fees as may be

prescribed and the renewed registration certificate shall be in such

form, as may be prescribed.

(5) In the event of any doubt or difference of opinion between an

employer and the Inspector as to the category to which an

establishment should belong, the Inspector shall refer the matter

to the Chief Inspector, who shall, after such inquiry as he thinks

proper, decide the category of such establishment and his

decision shall be final for the purposes of this Act.

7. (1) The Chief Inspector may suspend or revoke a registration

certificate granted under this Act and may for that purpose require

the holder of certificate by notice in writing to deliver up such

certificate to it or to any other officer within such time as, may be

specified in the notice.

(2) The Chief Inspector may, by an order in writing, suspend a

licence, for such; period as he thinks fit or revoke a licence,

(a) if he deems it necessary in the interest of public safety

to suspend or revoke the licence; or

(b) if the licence was obtained by suppression of material

information or on the basis of wrong information provided by

the holder of the licence or any other person on his behalf at

the time of sending an application for the licence; or

743

(c) if the holder of licence has failed to comply with notice

under sub-section (1) requiring him to deliver up the licence.

(3) The Chief Inspector may. also revoke a licence on the

application of the holder thereof.

(4) Where the Chief Inspector makes an order suspending or

revoking a licence under sub-section (2) he shall record in

writing the reasons thereof and furnish to the holder of

licence on demand a brief statement of the same.

(5) A Court convicting the holder of licence of any offence under

this Act or rules made thereunder may also suspend or

revoke a licence:

Provided that if the conviction is set aside in appeal or

otherwise, the suspension or revocation shall be final.

(6) On the suspension or revocation of licence under this section,

the holder thereof shall without delay surrender the licence to

the authority by whom it has been suspended or revoked or

to such other authority as may be specified in this behalf in

the order of suspension or revocation.

8. (1) Any person aggrieved by an order of the Chief Inspector

refusing to grant a licence or by an order of the Chief

Inspector suspending or revoking a licence may prefer an

appeal against the order to the Secretary 'in the Department

of Labour of the State Government within thirty days from

the date of communication of the order of refusal,

suspension or revocation, as the case may be:

Provided that an appeal may be admitted after the expiry of the

period of thirty days if the appellant satisfies the Secretary that he

was prevented by sufficient cause from preferring the appeal within

the said period.

(2) Every appeal under this section shall be made by a petition

in writing and shall be accompanied by a brief statement of

the reasons for the order appealed against where such

statement has been furnished by the appellant and by such

fees as may be prescribed.

744

(3) No appeal filed under this section shall be disposed of until the

appellant is given reasonable opportunity of being heard.

(4) Every order of the Appellate Authority confirming, modifying or

reversing the order appealed against shall be final.

CHAPTER III

SHOPS AND COMMERCIAL ESTABLISHMENTS

9. (1) No shop Opening hours of

shops.

(a) dealing wholly in milk, vegetables, fruits, fish, meat,

bread or any other goods notified by the State

Government shall on any day be opened earlier than 5

a. m,

(b) other than those specified in clause (a), shall on

any day be opened earlier than 7 a. m.

(2) Subject to the provisions of sub-section (1) the State

Government may fix different opening hours for different

classes of shops or for different areas or for different periods

of the year.

10. (1) No shop Closing hours

of shops.

(a) other than those specified in clause (b) of this sub-

section shall on any day be kept open after 7 p. m.

(9) dealing mainly in the sale of pan, bidis, cigarettes, safety

matches and other ancillary articles shall, on any day,

be kept open after 9 p m.:

Provided that any customer who was being served or

was waiting to be served at such closing hour in any shop

may be served in such shop during the quarter of an hour

immediately following such hour.

745

(2) Subject to the provision of sub-section (1), the State

Government may fix earlier closing hours for different classes of

shops or different areas or for different periods of the year.

11. (1) No person shall carryon in or adjacent to a street or a public

place the sale of any goods before the opening and after the

closing hours fixed under sections 9 and 10 and for the shop

dealing in the same class of goods in the locality in which such

street or public place is situated:

Provided that nothing in this section shall apply to the sale

of newspapers.

(2) Any person contravening the provisions of sub-section (I) shall

be liable to have his good s seized by an Inspector.

(3) The goods seized under sub-section (2) shall be returned to

the person- from whom they were seized on his depositing rupees

fifty as security for his appearance in the court.

(4) If the person fails to make the deposit, the goods seized shall

be produced without delay before a Magistrate who may give

such directions as to their temporary custody as he thinks fit.

(5) Where no prosecution is instituted for contravention of the

provisions of sub-section (1) within such period as the Magistrate

may fix, in this behalf, the Magistrate shall direct their return to

the person from whom they were seized.

(6) Subject to the provisions of sub-section (5), the provisions of

any law relating to the criminal procedure for the time being in

force, shall, so far as they may be applicable, apply to the

disposal of the goods seized under this section.

12. (1) No commercial establishment shall on any day be opened

earlier than 8. 30. a. m.. and kept open after 9. 30. p. m. .

746

(2) Subject to the provisions of sub-section (1), the State

Government may fix different opening or closing hours for

different classes of commercial establishments or for different

areas or for different periods of the year.

13. (1) Subject to the provisions of this Act, no employee shall be

required or allowed to work in any shop or commercial

establishment for more than nine hours in any-day and forty - eight

hours in any week.

(2) Any employee may be required to work in a shop or

commercial establishment for any period in excess of the limit

fixed under sub-section (1) if such periods does not exceed three

hours in any week.

(3) On not more than six days in a year which the State

Government may fix by rules made in this behalf, for purposes of

making of accounts, stock taking settlements or other prescribed

occasions, any employee may be required or allowed to work in a

shop or commercial establishment in excess of the period under

sub-section (1) if such period does not exceed twenty - four

hours.

14. The period of work of an employee in a shop or commercial

establishment each day shall be so fixed that no period of continuous

work shall exceed five hours and that no employee shall be required

or allowed to work for more than five hours before he has had an

interval for rest of at least one hour:

Provided that

(a) in the case of employee in a commercial establishment

engaged in any manufacturing process, interval for rest shall

be at least half an hour; and

(b) in the case of any other employee the State Government

may, on an application made in that behalf by the employees

concerned, permit the reduction of the interval for rest to half

an hour.

15. The spread over of an employee in a shop shall not exceed

eleven hours in any day:

747

Provided that where an employee has worked on any day in

accordance with the provisions of sub-section (2) of section 13,

the spread over shall not exceed fourteen hours in any such day

and where he works on any day in accordance with the

provisions of sub-section (3) of the said section, the spread over

shall not exceed sixteen hours in any such day.

16. The spread over of an employee in a commercial establishment shall

not exceed eleven hours in any day:

Provided that the State Government may, by notification,

increase the spread over period subject to such conditions as it

may impose either generally or in the case of a particular

commercial establishment or a class or classes of commercial

establishments.

17. (1) Every shop or establishment shall remain closed on one day

of the week. The employer shall choose any day of the week

and shall fix such day at the beginning of the year or within

thirty days in case an establishment comes into existence at

some time during the year other that. the beginning of the year,

notify it to the Inspector and specify it in a notice prominently

displayed at a conspicuous place in the shop or establishment

and shall be maintained in a clean and legible condition.

(2) Notwithstanding anything contained in sub-section (1) the

Government may, by notification in the Government Gazette fix

any day in respect of any area specified in the notification.

(3) If any day notified as a holiday under sub-section (I) happens

to be a day of public festival, the employer may keep the shop or

commercial establishment open on such day but in that event,

he shall keep the shop or commercial establishment closed on

some other day. within three days before or after the date of

such public festival and give notice of the change to the

Inspector at least seven clear days before the day of such public

festival.

(4) It shall not be lawful for an employer to call an employee at,

or for any employee to go to, his shop or commercial

establishment or any other place for any work: in

748

connection with .the business of his shop or commercial

establishment on a day on which such shop or commercial

establishment remains closed.

.'

(5) No deduction shall be made from the wages of any employee

of a shop or commercial establishment on account of any day on

which it has remained closed under this section. If any employee

is employed on a daily wage he shall nonetheless 'be paid his

daily wage for the day on 'which such ‘shop or commercial

establishment remains closed. If ,.any employee is paid a piece

rate wage, he shall nonetheless be paid his wage for the day on

which the shop or commercial establishment remains closed, at

a rate equivalent to the daily average of his wages for the days

on which he actually worked during the six days preceeding such

closed day exclusive of any earning in respect 'of overtime:

Provided that nothing in this section shall apply to any

person whose total period of continuous employment is less than

six days.

CHAPTER IV

RESIDENTIAL HOTELS, RESTAURANTS AND EATING HOUSES

18. (1) Notwithstanding anything contained in any other enactment

for the time being in force no restaurant or eating house shall on

any day be opened earlier than 5 am and be kept open after 11

p.m. for service:

Provided that an employee in such restaurant or eating

house may be required to commence work not earlier than 4.30

a.m. and shall not be required to work later than 11.30 p.m. :

Provided further that any customer who was being served

or waiting to be served at the closing hour of such restaurant or

eating house may be served in such restaurant or eating house

during the quarter of an hour immediately following such hour.

(2) Subject to the provisions of sub-section (1), the State

Government may fix different opening or closing hours for

different restaurants or eating houses or for different areas or for

different periods of the year.

Opening and closing

hours of restaurants

and eating houses.

749

(3) Notwithstanding anything contained in this section or any

other enactment for the time being in force, the State

Government may, by notification, fix not more than ten days in a

year on festive or special occasions such opening and closing

hours for different. restaurants or eating houses or for different

areas, as it thinks proper.

19. Before and after the hours fixed for the opening and closing of

shops under sections 9 and 10 no goods of the kind sold in such

shops shall be sold in any restaurant or eating house except for

consumption on premises.

20. (1) Except on the day that may be notified under subsection (3)

of section 18, no employee shall be required or allowed to work

in a residential hotel, restaurant and eating house for more than

nine hours in a day fixed under sub-section (I) of, section 18 if

such period does not exceed three hours on any day.

(2) On the days which may be notified under sub-section (3) of

section 18, any employee may be required or allowed to work in

a residential hotel, restaurant and eating house in excess of the

period fixed under sub-section (1) of section 18 if such period

does not exceed three hours on any day.

. 21. The period of work of an employee in a residential hotel,

restaurant or eating house each day shall be so fixed that no

period of continuous work shall exceed five hours and that no

employee shall be required or allowed to work for more than five

hours before he has had an interval for rest of at least one hour.

. 22. The spread over of an employee in a residential hotel, restaurant

or eating house shall not exceed fourteen hours:

Provided that the State Government may, on an

application made in that behalf by the employees

concerned, permit the reduction of the interval for rest

half an hour.

23. The employer shall furnish every employee in a residential hotel,

restaurant or eating house an identity card which shall be

produced by the employee on demand by an Inspector. Such

card shall contain the following and such other particulars as

may be prescribed, namely :

.

750

(a) the name of the employer;

(b) the name, if any, and the postal address, of the

establishment;

(c) the name and age of the employee;

(d) the hours of work, the interval for rest and

holiday, of an employee;

(e) passport size.. photographs of the employee;

(f) the signature or thumb impression of the employee;

(g) the signature with date of the employer or manager.

CHAPTER V

THEATRES OR OTHER PLACES OF PUBLIC AMUSEMENT

OR ENTERTAINMENT

24. Notwithstanding anything contained in any other enactment for the

time being in force, no theatre or other place of public

amusement or entertainment shall, on any day be kept open

after 12 midnight.

25. After the hour fixed for the closing of shops under section 10, no

goods of the kind sold in a shop shall he sold in any theatre or

other places of public amusement or entertainment except for

consumption on premises.

26. (1) No employee shall be required or allowed to work in any

theatre or other places of public amusement or entertainment for

more than nine hours in any day.

(2) Any employee may be required or allowed to work in a

theatre or other place of public amusement or entertainment for

any period in excess of the limit fixed under subsection (1), if

such period does not exceed six hours in any week.

Closing hour! of

theatres or other

places of public

amusement or enter-

tainment.

Theatres or other

places of public

amusement or enter

tainment not to sell

goods of the kind

sold in shops after the

closing hours of shops.

Daily hours of work

in a theatre or other

places of public

amusement or enter

tainment.

751

27. The period of work of an employee in a theatre or other place of

public amusement or entertainment each day shall be so fixed

that no period of continuous work shall exceed five hours and

that no employee shall be required or allowed to work for more

than five hours before he has had an interval for rest of at least

one hour:

Provided that the State Government may on an application

made in that behalf by the employees, permit the reduction of the

interval for rest to half an hour.

28. The spread over of an employee in a theatre or other place of

public amusement or entertainment shall not exceed eleven

hours in any day:

Provided that the State Government may increase the

spread over periods subject to such conditions as it may impose

either generally or in the case of a particular theatre or other

place of public amusement or entertainment.

29. (1) Every employee in a theatre or other place of public

amusement or entertainment shall be given at least one day in a

week as a holiday:

Provided that nothing in this sub-section shall apply to an

employee whose total period of employment in any week is less

than six days.

(2) It shall not be lawful for an employer to call an employee at,

or for an employee to go to, his theatre or other place of public

amusement or entertainment or any place for any work in

connection with the business of his theatre or place of public

amusement or entertainment on any day on which such

employee has a holiday.

(3) No deduction shall be made from the wages of an employee

in a theatre or place of public amusement or entertainment on

account of any holiday given to him under sub-section (I). If an

employee is employed on a daily wage, he shall nonetheless be

paid his wages for the holiday equal to the average of the daily

wages earned by him during the preceeding six working days.

30. The employer shall furnish every employee in a theatre,

or other place of public amusement or entertainment with an

752

identity . card which shall be kept by the employee when on duty

and shall be produced on demand by an Inspector; such card

shall contain the following and such other particulars as may be

prescribed, namely;

(a) the name of the employee;

(b) the name, if any, and the postal address of the theatre and

public place of amusement or entertainment;

(c) the name and age of the employer;

(d) the hours of work, interval for rest. if any, and the

holidays of the employee;

(e) passport size photograph of the employee;

(f) the signature with date of the employer;

(g) the signature or thumb impression of the employee.

CHAPTER VI

EMPLOYMENT OF CHILDREN YOUNG PERSONS AND WOMEN

31. No child shall be required or allowed to work as an employee or

otherwise in any establishment notwithstanding that such child is

a member of the family of the employer.

32. No young person and women shall be required or allowed to work

whether as an employee or otherwise in .any establishment

before 6 a. m. and after 7 p. m. notwithstanding that such young

person or woman is a member of the family of the employer.

33. (1) Notwithstanding anything contained in this Act, no young

person shall' be required or allowed to work whether all an

employee or otherwise in any establishment for more than six

hours in a day.

(2) No young person shall be required or allowed to work

whether as an employee or otherwise in any establishment for

more than three hours in any day unless he has had an interval

for rest of at least half an hour.

No child to work in any establishment.

Young persons and

women to work be-

tween 6 a. m. and

7 p. m.

Daily hours of work

for young persons.

753

34. No young person or women working in any establishment,

whether as an employee or otherwise, shall be required or

allowed to perform work as may be declared by the State

Government, by notification to be work involving danger to life,

health or morals.

35. No woman shall engage herself in employment in any es-

tablishment during the six weeks following the day on which she

is delivered of a child and ,no owner or manager of an

establishment shall knowingly employ such woman.

36. (1) If any woman employed in an establishment is pregnant and

gives notice in writing to the employer that she

expects to be delivered of a child within six weeks from the date

of such notice, the employer shall permit her, if she so desires, to

absent herself from work up to the day of her delivery:

Provided that before granting such permission the

employer may, at his own cost, require the woman to be

examined by a qualified medical practitioner or midwife, and if

the woman refuses to submit herself to such examination or is

certified on such examination as not pregnant or not likely to be

delivered of a child within six weeks, he may refuse such

permission.

(2) The examination referred to in the proviso to sub-section

(1) shall, if the woman so desires, be carried out by a midwife.

37. The absence of a woman during the period she is entitled to

maternity benefit. under this Act or, due to illness medically

certified to arise out of pregnancy or confinement, shall be

treated as authorised absence on leave.

38. (1) Every woman employed in an establishment who has been

continuously' employed in such establishment or in

establishments belonging to the owner of such establishment for

a period of not less than six months preceeding the date of her

delivery, shall be entitled to receive and the employer shall be

liable to make to her, a payment of a maternity benefit at a rate

for every day during the six weeks immediately preceeding and

including the day of her delivery and for each day of the six

weeks following

754

her delivery as may be prescribed by the State Government:

Provided that. no such payment shall be made for any day

on which she attends work and receives payment therefor during

the six weeks preceeding her delivery.

39.

(2) The manner in which the maternity benefit shall be payable

shall be in such manner as may be notified by the State

Government.

Any woman employed in an establishment, who is delivered of a

child, shall while she is nursing such child, be allowed half-an-

hour twice a day during her working hours for purposes of such

nursing in addition to regular intervals for rest.

40. (I) When a woman absents herself from work under section 38 it

shall not be lawful for the employer to dismiss her during or on

account of such absence, or to give notice of dismissal on such

a day that the notice will expire during such absence.

,

(2) The dismissal of a woman at any time within six months

before she is delivered of a child, if the woman, but for such

dismissal, would have been entitled to maternity benefit under

this Act, shall not have the effect of depriving her of such

maternity benefit if the Inspector is satisfied that her dismissal

was without sufficient cause.

41. Any woman employee who has a miscarriage or has/under-gone

operation for medical termination of her pregnancy shall also be

entitled to leave for six weeks or such period as may be

medically certified and her absence shall be treated as

authorised absence on leave.

,

42. (1) Every employee who undergoes sterilization operation shall be

entitled to special casual leave with wages for a period not

exceeding

(a) six days in the case of a male employee; or

(0) fourteen days in the case of a female employee, with

effect from the day on which he or she undergoes such

operation.

(2) If an employee who has undergone sterilization operation is

discharged by his or her employer during the period

specified in sub-section (I). the employer shall

755

pay such employee wages payable during leave period in

respect of the period of special casual leave which the

employee was entitled to at the time of his or her discharge.

43. (1) Notwithstanding anything contained in the Payment of Wages

Act, 1936 (hereinafter referred to in this section as "the said

act"), the State Government may, by notification, direct that

subject to the provisions of subsection (2), the said Act or any of

the provisions thereof or of the rules made thereunder shall,

apply to all or any class of establishment or to all or any class of

employees to which or to whom this Act for the time being

applies.

(2) On the application of the provisions of the said Act to any

establishment or to any employee under sub-section (1), the

Inspector appointed under this Act shall be deemed to be the

Inspector for the purpose of the enforcement of the provisions of

the said Act within the local limits of his jurisdiction.

HEALTH AND SAFETY

CHAPTER VII

44. The premises of every establishment shall be kept clean and free

from effluvia arising out from any drain or privy or- other

nuisance and shall be cleaned at such times and by such

methods as may be prescribed and these methods may include

lime-washing, color-washing, painting, varnishing, disinfecting

and deodorizing.

45. The premises of every establishment shall be ventilated in

accordance with such standards and by such methods as may

be prescribed.

46. (1) The premises of every establishment shall be sufficiently

lighted during all. working hours.

(2) If it appears to an Inspector that the premises of any

establishment within his jurisdiction are not sufficiently kept

clean, lighted or ventilated, he may serve on. the employer an

order in writing specifying the measures which.

756

in his opinion, should be adopted and requiring them to be

carried out before a specified date.

47. In every establishment such precautions against fire shall

be taken as may be prescribed.

48. In every establishment wherein a m-manufacturing process as

defined in clause (k) of section 2 of the Factories Act, 1948, 'is'

carried on, 'there shall be provided and maintained by the

employer a first - aid box containing such articles as

may be prescribed.

CHAPTER VIII

HOLIDAYS AND WAGES

49. (1) Every person employed in any establishment shall be entitled,

after twelve months' continuous service, to holidays with wages

for a period of twenty days, in the sub sequent period of twelve

months. provided that such holidays with wages may be

accumulated upto a maximum period of sixty days.

Explanation.-For the purpose of this sub-section any continuous

period of service preceeding the date on which this Act applies to

any establishment shall also count, subject to a maximum period

of twelve months.

(2) 'Every person employed in any establishment shall also be

entitled during his first twelve months of continuous service after

the commencement of this Act, and during every subsequent

twelve months of such service

(a) to leave with wages for a period not exceeding 12

days, on the ground of any sickness incurred or accident

sustained by him; and

"

(b) to casual leave with wages for a period not

exceeding 12 days on any reasonable ground.

(3) If a person entitled to any holidays under sub-section (l) is

discharged by his employer before he has been allowed the

holidays, or if having applied for and been refused the holidays,

he quits his employment before he has been allowed the

holidays, the employer shall pay

757

him the amount payable under this Act in respect of the holidays.

(4) If a person entitled to any leave under sub-section (2) is

discharged by his employer when he is sick or suffering from the

result of an accident, the employer shall pay him the amount

payable under this Act in respect of the period of leave to which

he was entitled to at the time of his discharge, in addition to the

amount, if any, payable to him under sub-section (3) or under

any other provision of this Act.

(5) A person employed shall be deemed to have completed a

period of twelve months' continuous service within the meaning

of this section, notwithstanding any interruption in service during

those twelve months brought about

(i) by sickness, .accident, or authorised leave (including

authorised holidays) not exceeding ninety days in the

aggregate for all three;

(ii) by a lock-out; or

(iii) by a strike which is not an illegal strike; or

(iv) by intermittent periods of involuntary unemployment

not exceeding thirty days in the aggregate;

and authorised leave shall be deemed not to include any weekly

holidays or half-holidays allowed under this Act which occurs at

the beginning or the end of an interruption brought by the leave.

(6) A person employed in a hostel attached to a school or college

or in an establishment maintained in a boarding school in

connection with the boarding and lodging of pupils and resident

teachers shall be allowed the privileges referred to in sub-

sections (1) to (5), reduced however proportionately to the period

for which he was employed continuously in the previous year or

to the period for which he will be employed continuously in the

current year as the case may be; and all references to periods of

holidays or of .leave in sub-sections (1) and (2) shall be

construed accordingly, fractions of less than one day being

disregarded.

758

(7) The State Government shall have power to issue directions as

to the manner in which the provisions of sub-section (6) shall be

carried into effect in all or any class of cases or in any particular

case.

50. Every person employed shall, for the holidays, or the period of the

leave allowed under sub-sections (1) or (2) of section 49. be paid

at a rate equivalent to the daily average of his wages for the days

on which he actually worked during the preceeding three months

exclusive of any earnings in respect of overtime.

. 51. Notwithstanding anything contained in section 49, the State

Government may, by notification, increase the total number of

annual holidays and the maximum number of days upto which

such holidays may be accumulated in respect of any

establishment or class of establishments.

52. (I) Any sum required to be paid by an employer under this

Chapter but not paid by him shall be recovered "delayed

wages" under. the provisions of the Payment of Wages Act,

1936.

(2) Any Inspector may institute proceedings on behalf of any

person employed to recover any sum required to be paid under

this Chapter by an employer which he has not paid.

53. Every employer shall be responsible for the payment to persons

employed by him of all wages and sums required to be paid

under this Act.

54. (1) Every employer shall fix periods (in this Act referred to as

wage periods) in respect of which such wages shall be payable.

(2) No wage period shall exceed one month.

55. Where any person employed in any establishment is required to

work overtime, he .shall be entitled, in respect of such overtime

work, to wages at twice the ordinary rate of wages.

Explanation.- For the purpose of this section, the expression

"ordinary rate of wages" shall mean such rate of wages as may

be calculated in the manner prescribed.

759

56. An employee who has completed ten or more years of continuous

service with full wages shall, on quitting the service or on his

death his legal heirs, be entitled to gratuity equivalent to fifteen

days' wages last drawn for each year of service.

57. (1) The wages of every person employed shall be paid before the

expiry of the fifth day after the last day of the wage period in

respect of which the wages are payable.

(2)Where the employment of any person is terminated by or on

behalf of the employer, the wages earned by such person shall

be paid before the expiry of the second working day from the day

on which his employment is terminated.

(3) The State Government may, by general or special order,

exempt an employer from the operation of this section in respect

of the wages of any person employed or class of persons

employed. to such extent and subject to such conditions as may

be specified in the order.

(4) All payments of wages shall be made on a working day.

58. An employee who has been allowed leave for not less than four

days, in the case of an adult, and five days in the case of a child

shall, before his leave begins, be paid wages due for the period of

leave allowed.

59. All wages shall be paid in current coins or currency notes or in

both.

60. (1) The wages of a person employed shall be paid to him without

deductions of any kind except those authorised by or under this

Act.

Explanation.-Every payment made by a person employed

to the employer shall, for the purpose of this Act, be deemed to

be a deduction from wages.

(2) Deductions from the wages of a person shall be made only in

accordance with the provisions of this Act. and may be of the

following kinds only, namely:

(a) fines;

(b) deductions for absence from duty;

760

.(c) deductions for damage to. or loss of, goods expressly

entrusted to the employed person for custody, or for loss of

money for which he is required to account, where such damage

or loss is directly attributable to his neglect or default;

(d) deductions for house accommodation, if any, supplied by the

employer;

(e) deductions for such amenities and services supplied by the

employer as the State Government may, by general or special

order, authorize

(f) deductions for recovery of advance or for adjustment of over-

payments of wages;

(g) deductions of income tax payable by the employed person;

(h) deductions required to be made by an order of a Court or

other authority competent to make such order;

(i) deductions for subscriptions to, and for repayment of

advances from, any provident fund to which the Provident

Fund Act, 1925 applies or any provident fund approved in this

behalf by the State Government during the continuance of such

approval;

(j) deductions for payments to co-operative societies approved in

this behalf by the State Government or to a scheme of insurance

maintained by the Indian Post Office or by any insurance

company approved in this behalf by the State Government;

(k) deductions made with the written authorization of the

employed person in furtherance of any savings scheme ap-

proved by the State Government for the purchase of securities of

the Central or State Government.

61 (I) No fine shall be imposed on any person employed save in

respect of such acts and omissions on his part as the employer,

with the previous approval of the State Government or of the

Chief Inspector may have specified by notice under sub-section

(2).

(2) A notice specifying such acts and omissions shall be

exhibited in the prescribed manner on the premises in which the

employment is carried on.

761

(3) No fine shall be imposed on any person employed until he

has been given an opportunity of showing cause against the fine,

or otherwise than in accordance with such procedure as may be

prescribed for the imposition of fines.

(4) The total amount of fine which may be imposed in any one

wage period on any person shall not exceed an amount equal to

paisa three in a rupee of the wages payable to him in respect of

that wage period.

(5) No fine shall be imposed on any person employed who has

not completed his fifteenth year of age.

(6) No fine imposed on any person employed shall be recovered

from him after the expiry of sixty days from the date on which it

was imposed.

(7) Every fine shall be deemed to have been imposed on the day

of the act or omission in respect of which it was imposed.

(8) All fines and realizations thereof shall be recorded in a

register to be kept by the employer in such form as may be

prescribed; and all such realizations shall be applied only to such

purposes beneficial to the persons employed in the

establishment as are approved by the prescribed authority

Explanation.- When the persons employed are part only of the

staff employed under the same management, all such

realizations may be credited to a common fund maintained, for

the staff as a whole, provided that the fund shall be applied only

to such purposes as are approved by the prescribed authority.

62. (1) Deductions may be made under clause (b) of sub-section (2) of

section 61 only on account of the absence of an employed

person from the place or places where, by the terms of his

employment, he is required to work, such absence being for the

whole or any part of the period during which he is so required to

work.

(2) The amount of such deductions shall in no case bear to the

wages payable to the employed person in respect of the wage

period for which the deduction is made, a larger 'proportion than

the period for which he was absent

762

bears to the total period, within such wage period during which

by the terms of his employment, he was required to work:

Provided that, subject to any rules made in this behalf

by the State Government, if ten or more employed persons acting

in concert absent themselves without due notice (that is to say,

without giving the notice which is required under the terms of

their contracts of employment) and without reasonable cause

such deductions from any such person may include such amount

not exceeding his wages for eight days as may by any such

terms be due to the employer in lieu of due notice.

Explanation. - For the purpose of this section, an employed

person shall be deemed to be absent from the place where

he is required to work, if, although present in such place, he

refuses, in pursuance of stay-in-strike or for any other cause which

is not reasonable in the circumstances, to carry out his work.

63. (1) A deduction under clause (c) of sub-section (2) of section 61

shall not exceed the amount of the damage .or loss caused to.

the employer by the neglect or default of the person employed

and shall not be made until the persons employed has been

given an opportunity of showing cause, against the deduction, or

otherwise than in accordance with 'such procedure as may be

prescribed for the making of such deductions.

(2) All such deductions and all realizations thereof shall be

recorded in a register to be kept by the employer in such form as

may be prescribed.

64:.

A deduction under clause (d) or clause (e) of sub-section (2) of

section 61 shall not be made from the wages of a person

employed unless the house accommodation, amenity or service

has been accepted by him, as a term of employment or

otherwise, and such deduction shall not exceed an amount

equivalent to the value of the house accommodation, amenity or

service supplied and in the case of a deduction under the said

clause (e) shall be subject to such conditions as the State

Government may impose.

65. Deductions under clause (f) of sub-section (2) of section 61

shall be subject to the following conditions, namely:

763

(a) recovery of an advance of money given before employment

shall be made from the first payment of wages in respect of a

complete wage period, but no recovery shall be made of such

advances given for travelling expenses;

(b) .recovery of advances of wages not already earned

shall be subject to any rules made by the State Government

regulating the extent to which such advances may be given and

the instalments by which they may be recovered.

66: Deductions under clauses (j)and (k) of sub-section (2) of section

61 shall be subject to such 'conditions as the State Government

may impose.

67. No employer shall dispense with the services of an employee

who has been in his continuous employment

(a) for not less than a year, without giving such persons at.

least thirty days' notice in writing or wages in lieu of such

notice;

(b) for less than a year but more than .three months,

without giving such persons at least fourteen days' notice

in writing or wages in lieu of such notice

Provided that such notice shall not be necessary where the

services of such employees are. dispensed with for misconduct.

Explanation.-For the purposes of this section "misconduct"

shall include

(a) absence from service without notice 'in writing or

without sufficient reasons for seven days or more;

(b) going on or abetting a strike in contravention of any law

for the time being in force;

(c) causing damage to the property of his employer.

764

CHAPTER IX

ENFORCEMENT AND PROSECUTION ,';

68. (1) The State Government may, by notification, appoint as many

Inspectors for different areas thereof as may be considered

necessary.

Appointment of

Chief Inspector and

.Inspectors.

(2) The State Government may, by notification, appoint one of

the Inspectors to be the Chief Inspector for the purposes for this

Act who may exercise all the powers of an Inspector.

69 (1) Subject to any, rules made by the, State Government . in this

behalf an Inspector may. within. the, local limits for which he

is appointed

(a)enter, at all the reasonable times and with such

assistance as he thinks fit, any place which is or

which he has' reason to believe. is an establishment;

. (b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise record statement of any person as he may deem necessary, for carrying' out the purposes of this Act; .

(c) exercise such other powers, as may be .prescribed or

may ,be ,necessary for carrying out the purposes of this.

Act

Provided that no one. shall. be required under this section

to answer any question or to give any statement tending , " to incriminate himself.

(2) For the purpose of investigation of offences under this Act. an

Inspector shall have the same powers as an Officer-in-charge of

a police station has under the Code of Criminal Procedure 1898

,for investigation of cognizable offences except that he shall not

have the power of arrest.

5 of 1898.

70. Every Inspector appointed under the section shall be deemed to

be a public servant within the meaning of section 21 of the Indian

Penal. Code.

.

765.

71. No suit, prosecution or legal proceedings shall lie against any

person for anything which is in good, faith done or intended to be

done under this Act or rules made thereunder.

72. Every employee and in his absence the Manager shall, on . demand produce for inspection to an Inspector all registers,

records and. notices required to be kept under and for the purposes of this Act.

CHAPTER X

OFFENCES AND PENALTIES

73. Save as otherwise provided in this Chapter, whoever being

an. employer or manager of an establishment contravenes

any of the provisions ,of this Act or rules made thereunder shall

(a) on first conviction, be punished with fine which shall not be

less than fifty rupees and may extend to five hundred rupees;

and

(b) for second and subsequent conviction for contravening the

same provision of this Act or rules made thereunder., shall be

punished with fine which shall not be less than one hundred

rupees and may extend to one thousand rupees

.

74. If any employer, or manager with intention to deceive, makes, or

causes or allows to be made in any register, record or notice

prescribed to be maintained under the provisions of this Act or

the rules made thereunder, an entry which, to his knowledge is

false in any material particular, or willfully omits, or causes or

allows to be omitted, from any such register, record or notice,

an entry which is required to be made therein under the pro-

visions of this Act or the rules made thereunder or maintains or

causes or allows to be maintained, more than one set of any

register, record or notice except the office copy of such notice,

or' sends or causes or allows to be sent, to the Chief Inspector

or Inspector any statement, information or notice prescribed to.

be sent under the provisions of this Act, or the rules made

thereunder which to his knowledge is false in any .material

particular, he shall, on .conviction, be punished with

imprisonment

766

not exceeding six months or with fine which may extend. to two

thousand rupees, or with both.

75. Whoever wilfully obstructs the Chief Inspector or an Inspector in

the' exercise: of any powers under this Act or rules made

thereunder or conceals or prevents any employer in 'an

establishment from appearing before or being examined by the

Chief Inspector or an Inspector, shall, on conviction, be punished

with fine which shall not be less than one hundred rupees and

which may extend to one thousand rupees.

76. (1) Where the owner of an establishment is a firm or other

association of individuals, anyone of the individuals, partners or

members thereof, may be prosecuted and punished under this

Act for any offences for which an employer of an establishment

is punishable:

Provided that, the firm or association may give notice to

the Inspector that it has nominated one of its members who is

resident in the State to be the employer for the purposes of this

Act and! such individual shall, so long as he is so resident, be

deemed to be the employer for the purposes of this Act, until the

notice canceling nomination is received-by the Inspector or until

he seizes to be a partner or member of the firm or association.

(2) Where the owner of an establishment is a company any one'

of the directors thereof, or in the case of a private company

anyone of the share holders thereof, may be prosecuted and

punished under this Act for any offence for' which 'the employer

of the :establishment is punishable

Provided that the company may give notice to the

Inspector that it has nominated a director, or, in the case of a

private company, a shareholder who is resident in the State, to

be the employer in the establishment for the purposes of this Act,

and such director, or shareholder shall, so long as he is so

resident, be deemed, to be the employer of the establishment for

the purposes of this Act, until further notice canceling his

nomination is received by the, Inspector or. until he seizes to be

a director or shareholder.

767

77. (1) No prosecution under' this, Act or the rules made thereunder

shall be instituted except by an Inspector.

(2) No court inferior to that of a Magistrate of the first class shall

try any offence under' this Act or any rule made thereunder

(3) Notwithstanding anything' contained in any law relating to the

criminal procedure for the time being in force, all offences under

‘this Act or rules made thereunder; may be tried summarily.

78. .No court shall hike cognizance of an offence under' this Act or any rule or order made thereunder unless complaint thereof is made

within six months of the date on which the alleged commission of the offence first came to the knowledge of an Inspector.

" ' CHAPTER Xl

MISCELLANEOUS AND SUPPLEMENTARY

79 Subject to the general ,or special orders of the, State

Government every employer shall maintain such registers and

records and display on the premises of his establishment such

notices as may be prescribed All ,registers and records shall be

kept on- the premises of the establishment to which they relate.

80. (1) The State Government may, subject to previous publication,

make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality

. of the foregoing provisions, such rules may be made for

all or, any of the following matters, namely:

(a) the appointment of prescribed authority

(b) the period for which, the conditions subject to which and the

holidays and occasions on which the operation of the provisions

of this Act may be suspended

(c) the form of submitting a statement. the fees and other.

particulars, the manner in which ,the registration of estab-

lishments is to be made and the form of registration certificate

and the form and the period for notifying a change and the

fees;

.

-

.

. Maintenance of

registers or records

and display. of the

notice.

Power to make rules. .

768 .

(d) 'fixing six days in a year for additional overtime;

(e) fixing ten days in a year for overtime;

(f) further particulars to be prescribed for an identity card;

(g) fixing times, and methods for cleaning the establishments,

fixing standards and methods for ventilation, and prescribing

such establishments as are to be exempted from the

provisions of, and, precautions against fire to be taken in this

Act;

(h) the, articles which a first-aid box maintained shall

contain;

(i) the qualification of Inspectors appointed under this

Act and their powers and duties;

(j) the register and records to be maintained and' notices

to be displayed;

(k) any other matter which is to be or may be prescribed.

81. (1) All the notifications, rules, regulations and orders relating

to shops and establishments in Sikkim in force immediately

before the commencement of this Act are hereby repealed.

(2)Notwithstanding such repeal, anything done or any action

taken under, the notifications, rules, regulations, orders, on the

subject, shall be deemed to have been done or taken, as far as

may be, under the corresponding provisions of this Act.

Repeal and savings.

THE SIKKIM COURT FEES (EXEMPTION AND'MISCELLANEOUS

PROVISIONS) ACT 1983

(ACT NO.7 OF 1983) AN

ACT

to provide for exemption from payment of court fees in certain

cases in Sikkim and for matters connected therewith.

BE it enacted by the Legislature of Sikkim in the Thirty-

fourth Year of the Republic of India as follows:

4.4.1983

769

1. (l) This Act may be called the Sikkim Court Fees (Exemption and

Miscellaneous Provisions) Act, 1983.

(2) It extends to the whole of Sikkim.

(3) This Act shall come into force from such date as the State

Government may, by notification in the Official. Gazette, appoint

and different dates may be appointed for different provisions of

this Act.

2. In this Act, unless the context otherwise requires,.

(a) "court fees" means the cash court fees payable

under any law for the time being in force;

(b) "Court" includes any Tribunal or Authority in the

State;

(c) "High Court" means the High Court of Sikkim.

3. Notwithstanding anything contained in any law relating to

payment of court fees, for the time being in force, no court fees

shall be payable by a person whose annual income from all

sources does not exceed I [rupees ten thousand] 2 ["3A. (1) A

person claiming exemption under section 3 shall satisfy the court

by filing an affidavit or if so required by the Court by adducing

oral or documentary evidence that the annual. income of such

person from all sources is less than 3 [ten thousand rupees].

. (2) The court may cancel the exemption granted, at any time,

before the passing .of judgment or final order, on being satisfied

that such exemption ought not to have been granted."

4 ["(3). No court shall grant the exemption as claimed under

section 3 without giving notice to the opposite party and if

necessary, conducting an enquiry and passing necessary orders

thereof."]

Short title, extent

and commencement.

Definitions.

1. Substituted by the Sikkim Court Fees (Exemption and Miscellaneous Provisions)

Amendment Act No.2 of 1988 w.e.f. 3/11/87.

.2.Inserted by the Sikkim Court Fees Exemption and Miscellaneous Provisions)

Amendment Act, 1985 (1 of 1986) w. e. f. 1/5/83.

3. Substituted by the Sikkim Court Fees (Exemption and Miscellaneous Provisions)

Amendment Act No.2 of 1988 w. e. f. 3/11/87.

4. Inserted by the Sikkim Court Fees (Exemption .and Miscellaneous Provisions)

Amendment Act No.2 of 1988 w. e. f. 3/11/87.

770

4.(1), The High Court, shall as soon as may be, make rules

providing for

(a) the fees chargeable for serving and executing processes

issued by, such Court in its appellate jurisdiction, and by

other Civil and Revenue courts established within the local

limits of its jurisdiction

(b) the fees chargeable for serving and executing processes

issued by Criminal Courts established within its local limits

in .the case of offences other than offences for which police

officers may arrest without a warrant

(c) the remuneration of the persons appointed as process

servers and other persons' employed, by leave of the High

Court, in the service and, execution of processes.

(2) The High Court may, from time to time, alter and add to the

rules made under sub-section (1).

(3) All rules, alterations and additions made under this section

shall be confirmed by the State Government and shall be

published, in the Official Gazette.

5. Notwithstanding anything to the contrary, contained in any

notification, order, proclamation, bye-law, rules and regulations,

court fees' shall be payable in cases filed by or on behalf of the

State Government of Sikkim.

5 [6. No court shall refund' the court fees paid in suits and

appeals except, on the following grounds:

(i) (a) Withdrawal of a suit without any hearing

(b) Settlement or compromise before the commencement, of the trial.

. (ii)'Settlement or compromise in an appeal before the passing

of the judgment or final order to the extent of the amount

paid as court fees . in such appeal.

Court fees payable

in cases filed by

Government.

"

(ii) On remand in, an ,appeal, to the extent of amount

paid as court fees in such appeal.

Inserted by the Sikkim Court Fees, (Exemption and Miscellaneous Provisions

Amendment Act, 1985 (No.1 of 1986) w. e. f. 1. 5. 1983.

5.

771

THE TASHI-NAMGYAL ACADEMY BOARD ACT,1983

(ACT NO.8 OF 1983)

AN

ACT

to provide for' the establishment of a Board for managing the

affairs of the school known as the Tashi 'Namgyal" Academy, Gangtok,

and its properties and for matters connected therewith.

. BE it enacted by the Legislative, Assembly of the State of

Sikkim in the Thirty-fourth Year of the Republic of' India ,as follows:

CHAPTER I

PRELIMINARY

1. (I) This Act may be called the Tashi Namgyal Academy

Board Act, 1983.

(2) It shall come into force on such date as the State

Government may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,:

(a) "appointed day" means the date of commencement of this

Act;

(b) "appointing authority" means the Chairman;

(c) "auditor" means the auditor appointed under section 7 (3);

(d) "Board" means the Tashi Namgyal Academy Board

established under section 3; .

(e) "Chairman" means the Chairman of the Tashi Namgyal

Academy Board;

(f) "Executive Committee" means the Executive Committee

constituted un per section 13;

(g) "Government". means the State Government of Sikkim;

(h) "Fund" means' the Tashi' Namgyal Academy Board

Fund referred to in section 9

[ 4.4.1983 ]

Short title and

commencement

.

Definition

772

(i) .prescribed :means prescribed by regulations made by

the Board under section 20

(j) "President" means President of the Executive Committee

(k) "school" means Tashi Namgyal Academy;

(I) "Secretary" means Secretary of the Board or the Executive Committee, as the case may be.

CHAPTER- II

3.

Establishment of ,the Tashi Namgyal Academy Board

(1) On and from the appointed. day there shall be established a

Board to be called 'the Tashi Namgyal Academy Board.

(2) The Board shall be a body corporate by the name aforesaid,

having perpetual succession and a common seal with power to

acquire, hold and dispose, of property, both movable, and

immovable, and to contract, and ,shall by the same name sue

and be sued.

(3) The Head Office of the Board shall ,be at, Gangtok in ,the

State of Sikkim.

4 (1) The Board shall, consist of ,the following members,

namely:

(a) Minister for Education, Sikkim State, Chairman;

(b) Chief Secretary to the Government, Vice-Chairman;

(c) Secretary,

Member; Education Department of the Government,

( d) Secretary,

Member;

Finance Department of the Government,

(e) Secretary, Law

Member; Department of .the Government,

(f) Secretary, Establishment Department of the Government, Member; .

(g) Chief Engineer, SPWD(Buildings), Government of

Sikkim, Member;

773

(h) The Principal Government College, Gangtok. Member

(i) Representative of parents, Member;

(j) Representative of parents, Member

(k) The .Principal of the school

(2) The Principal of the school shall function as the. .

Secretary to the Board. (3) The members specified in clauses (i) and (j)of sub. .

section (1) shall be elected in accordance with such procedure as may be ,prescribed and shall hold office

for a. term of five years.

5. (1) 'The Board may, at. any time. remove any member if it is

proved that such .member. is guilty of misusing his office for

private profit or he is incapable of discharging his duties as a

member due to mental or physical infirmity.

(2) The Board may remove from office any member other than an

ex-officio member who is absent without, leave of the Board for

more than three consecutive meetings thereof without cause

sufficient in the opinion of the Board to exonerate his absence: "

Provided :that no member shall be removed. from office

under. sub-sections (1) or (2) unless a reasonable opportunity has

been given to him to show cause against such removal

(3) Any member (other than one who holds office in ex-officio

capacity) may resign from office by giving notice in writing to the

Chairman and such resignation being accepted by the

Chairman he shall be deemed to have vacated his office with

effect from the date of his, resignation or such other later date

as may be specified

6. (1) . The ,Board shall meet once a year in a meeting called

Annual .Meeting and such Annual Meeting for any year shall be

held before the expiry of three months from the end of .the

immediately preceeding academic session .of 'the school. The

procedure for holding such meeting shall be such as may be

prescribed. .

774

(2) At an Annual Meeting the Board shall consider the Annual

Report presented to it by the Executive Committee including the

audited accounts and auditor's report relating to the immediately

preceeding year and pass the same without notification or pass

the same with observations for consideration of the Executive

Committee.

(3) In the Annual Meeting the Board shall appoint or reappoint

an auditor as required under section 7 (3).

(4) In addition to an :Annual Meeting. the Board may meet as

often as is necessary (such a meeting being called 'Special

Meeting') provided that the following, conditions are satisfied:

(i) The proposal to hold any special meeting should originate

from the Executive Committee except where a Special Meeting

is summoned under section 7 (4).

(ii) The agenda for the meeting should be circulated among all

members of the Board at least seven days before the date

of the proposed meeting.

(iii) There should be proper notice of the meeting to all members

of the Board in accordance with procedure prescribed in

respect of an Annual Meeting.

(iv) Other procedural regulations regarding a Special Meeting

shall be the same as in the case of an Annual Meeting.

CHAPTER III

7.

Powers and Functions of the Board

(1) The Board shall be the legal Owner of the school and all its

properties and the employer of all employees of the school

including its Principal.

(2) The Chairman shall be the appointing authority of all

employees of the school including its Principal. The Board's prior'

sanction shall be obtained (in an Annual Meeting or a Special

Meeting) by the Executive Committee before any immovable

properties are acquired by outright purchase or disposed of by

way of sale or otherwise, and such acquisitions and disposals

shall be made in the name of the Board.

775

(3) 'The Board shall in its Annual Meeting, appoint an auditor

(which term includes a firm of auditors) who is qualified to audit

Company Accounts, to audit the accounts of the school for the

year in which the Annual Meeting is held:

Provided that the same auditor shall not be appointed for

more than three consecutive years.

(4) The Board may remove any member of the Executive

Committee in a Special Meeting summoned at the instance of

the Chairman for proved misuse of power and grave

infringement of the provisions of this Act and the regulations

made thereunder, and make such transitory provisions as it

deems fit to remedy the vacancy thus caused.

(5) Any alterations in the structure of the school of the type

described below shall be within the' exclusive competence of the

Board, and it may consider them in an Annual Meeting or a

Special Meeting;

(i) Change in the medium of instruction in the school.

.(ii) Abolition or addition of class (Provided that this does not

apply to abolition or addition of a division or section of an existing

class).

(iii) Change over of' the affiliation of the school to any Board,

Council or other body for Examinations to any other Board,

Council or other body for Examinations.

CHAPTER IV

Finance, Properties and Accounts

8. (I) On and from the appointed day, the land, buildings, furniture

and equipments or any other assets, in which the school is on

that day housed or, as the case may be, which are on that day

owned by the school or owned by the Government. but given over

for the use or benefit of the school, shall stand transferred to, and

vest in, the Board.

(2) The Government may, at any time, transfer to the Board, any

land, buildings or any other property, movable or immovable,

either absolutely or on lease, for use and management by the

Board to run the school and comply with the provisions of this

Act.

776

9. (1) The Board shall have a fund to be called the Tashi Namgyal

Academy Board Fund.

. (2) The Board may accept grants, subventions, donations and gifts

and loans from the Government or a local authority or any

individual or body, whether incorporated or not, for all or any pf

the purposes of this Act.

(3) The Government may, from time to time, make grants to the

Board including grant of part or whole of the amount required to

meet the expenditure on establishment of the Board.

(4) All moneys received by or on behalf of the Board, all proceeds

of sale of land or any other property; all rents, betterment charges

and all interest, profits and other moneys accruing, to the Board

shall be deposited in the fund of the Board:

Provided that the provisions of this sub-section shall not

apply to the TNA Capital Fund referred to in section 10.

10. (1) The Government shall, on the date of commencement of this

Act, or as soon thereafter as possible, transfer absolutely a sum

of rupees five lakhs which shall form the nucleus of the corpus of

a fund to be created and known as the TNA Capital Fund the

income from which is to be exclusively used for purpose of

acquisition of new capital assets (moveable or immovable) and

the maintenance of the land and buildings of the school. The

Government may, through periodical grants enhance the corpus

of the said Fund to such limit as it may deem fir.

(2)The Government may, in respect of the' Fund referred to in

sub-section (I), lay down such rules regarding the custody and

management of the said Fund as 'it deems fit, and such

restrictions and stipulations as it deems fit to ensure that the

corpus of the Fund is preserved and the income there from is

utilized only for the purposes stated in the said sub-section.

11. All property, fund and all other assets vested in the Board shall

be held and applied by it subject to the provisions and for the

purposes of this Act.

777

12, (1) Subject to the provisions of sub-section (2) of section 7, all

transactions in money and property covered in this Chapter shall

be entered into and carried out by the Executive Committee on

behalf of the Board, and it shall. have power to enter into and

carry out such transactions without prior reference to the Board:.

, '

Provided that

(a) all such transactions are within the competence of the

Board; and

(b) all such transactions are. reported to the Board, in

the immediately following Annual Meeting.

. (2) The Executive Committee may open such accounts, in such

banks, as it deems fit, to deposit and operate the moneys

belonging to the Board's Fund referred to in section 9 and any

other funds and moneys belonging to the Board, including the

TNA Capital Fund referred to in section 10 (1) (Subject to the

restrictions and stipulations, if any, made by the Government

regarding the said funds), and may operate such accounts on

behalf of the Board at its discretion for the benefit of the school

and the Board and for giving effect to the provisions of this Act.

. (3) Subject to the powers and functions assigned by it to him, the

Executive Committee may delegate, from time to time, through

written orders any or all, part or whole, of its powers stated in

sub-sections (1) and (2) above to the Secretary.

(4) (a) The Executive Committee shall ,ensure that proper

accounts are maintained in respect of all financial

transactions of the Board, ,and that the auditor is enabled to

audit all such accounts, effectively and on proper time.

(b) The Executive 'Committee may also cause internal audit

to be conducted as and when it deems fit.

778

CHAPTER V EXECUTIVE

COMMITTEE

13. (I) Every year, at its Annual Meeting, the Board shall constitute an

Executive Committee consisting of persons referred to in sub-

section (3), in order to carry out the purposes of this Act and run

the school on behalf of the Board.

(2) The tenure of the Executive Committee shall be only for the

period starting with the date of its constitution and ending with

the date of the constitution of the next year's Executive

Committee in the next Annual Meeting.

(3) Subject to sub-section (4), the Executive Committee

shall consist of five members, one of whom shall be named as its

President, who shall be an ex-officio member of the Board (other'

than the Principal/Secretary) and the remaining members shall

consist of another ex-officio member of the Board (other than the

Principal Secretary), the Principal (who shall be named its

Secretary), and two experts in the field of education to be

nominated as he. rein after provided, who mayor may not be

members of the Board.

. (4) Notwithstanding the provisions of sub-section (3) the

Chairman may nominate not more than two additional

members of' his choice to function as members of the Executive

Committee as, and when he considers it necessary.

(5) One of the experts in the field of education nominated as

members of the Executive Committee shall be the

Principal/Headmaster of any residential public school of

good standing located in Sikkim or Northern Bengal and

the other shall be an educationist of high standing who

normally resides or works in -any part 'Of North' Eastern India,

including the State of West Bengal.

(6) The initial constitution of the Executive Committee in the year in

which this Act comes into force shall be . the following:

779

(i) Secretary, Department of Education, Government of

Sikkim-President ;

(ii) Secretary,

Sikkim ;

Department of Finance, Government of'

(iii) Secretary, Establishment Department;

" . (iv) Two experts in the field of education to be nominated by the Chairman;

(v) The Principal, who shall be the Secretary of the Executive

Committee. .'

(7) The members of the Executive Committee (other than

the .two . experts in the field of education) shall hold office

only in an ex-officio capacity, and shall cease to be members

once they cease to be members of the Board.

(8) If no new. Executive Committee is constituted, or there is delay in its constitution, the existing Executive Committee shall continue to function till a new Executive Committee is constituted.

(9) The Chairman shall issue all orders, on behalf of the Board,

constituting the Executive Committee.

14. (1) The President may constitute a Consultative Committee

consisting of two representatives of the members of the teaching

staff of the school and two representatives of the parents or

guardians of the students of the School.

(2) The nomination of these representatives and their tenure

shall be such as may be prescribed.

(3) The 'members of the Consultative Committee shall have right

only to attend the meetings of the Executive Committee if and

when invited to do so, and to. tender their advice or express-

their views but shall have no right to. vote. They also shall have

right to attend only those parts of the proceedings to wbich the

President has invited them. .

780

(4) Nothing contained in this Act shall bar the President from

seeking the advice from experts in the field; of education, law,

etc. and allowing them to take part in the proceedings of the

Executive Committee but they shall have no right to 'vote.

15. If any vacancy arises in the Executive Committee due to

resignation, death or such other causes' of a nominated member

of the Executive Committee, the Chairman shall, in consultation

with ,the remaining members of the Executive Committee fill in

the vacancy, and such new member shall be in office till the term

of the said Executive Committee expires.

16. (1) The Executive Committee shall meet as often as required by '

exigencies, provided that there shall be not less than four

meetings in a year.

(2) At least ten day's 'notice shall be given to all members of the

Executive Committee and the agenda shall be circulated ,among

them at least seven days in advance of, 'the meeting

~

Provided that in fit cases the above time limits may

be reduced at the discretion of the President.

(3) The, quorum shall be a majority of the members . .

(4) Other rules of procedure of the meetings shall be such

as may be prescribed.

CHAPTER VI

Powers and Functions of the Executive Committee . '

17. The Executive Committee shall have the following powers,

functions and duties, and those shall be in addition to those

enumerated in section 12,.

' ' (a)To review and advice in the proper care, upkeep. and

admiadministration of the school its staff, finances, land, buildings

furniture, and equipment and maintenance of necessary records

and accounts.

781

(b) Every appointment, .termination of service dismissal,

retirement, extension of service or re-employment of

any of the employees of the school other than its Principal,

and every case of disciplinary action against any such

employee where, according to the relevant service rules,

the maximum punishment involves dismissal or compulsory

retirement, shall be considered and decided by a Sub-

Committee consisting of the President, Secretary,

Establishment Department of the Government and

Principal/Secretary which shall make recommendations to

the Chairman.

(c) (i) The Principal and the Vice-Principal of the school shall

be appointed by the Board.

(ii) All matters regarding the service of the Principal

including any disciplinary proceedings against him and

his dismissal, discharge, extension of service etc., shall

be considered and decided by the Board.

(d) To frame service rules staff

of the school:

governing the Principal and

Provided that when such rules are framed for the first time

they shall be placed before the first Annual Meeting of the

Board taking place after that, and any amendments in the

rules made in any year shall be recorded in the Annual

Report submitted to the immediately following Annual

Meeting.

(e) To sanction or refuse to sanction any leave (with or without

pay) of more than three months or any extension of such

leave beyond three months.

(f) To sanction or refuse to sanction any study leave

(with or without pay).

(g) To prescribe scales of salary and allowances as may be necessary from time to time.

(h) To sanction new posts or abolish existing posts or

upgrade existing posts.

(i) To sanction expenditure on major repairs and 'purchase of

furniture and equipment beyond the powers delegated by

the Executive Committee to the Principal.

782

(j) To negotiate and carry through all transactions relating to

property on behalf of the Board.

(k) To approach and negotiate with Government or any local

authority or any .individual or body, whether incorporated or

not, for grants, subventions, donations and gifts and loans

on behalf of the Board.

(l) To sanction opening of bank accounts by the Principal

Secretary and prescribe procedure for operation of such

bank accounts.

(m) To consider the. yearly budgets, supplementary budgets and

revised estimate submitted by the Principal and pass such

budgets and estimates.

(n) To define the powers and functions of the Principal, delegate

to him any of the powers vested in it under this Act and

regulations made thereunder and to amend those from time

to time.

CHAPTER VII

Powers, functions and Duties of the Principal.

18. (1) The Principal shall be the ex officio Secretary both of

the Board and the Executive Committee.

(2) It shall be the duty of the Principal, in his capacity as

Secretary, to. convene meetings of the Board and the

Executive Committee, to record their proceedings, circulate

the minutes and keep records of the Board and the

Executive Committee.

(3) (i) He shall be in overall charge of the. school, exercising

immediate control and supervision of all staff, and all -

powers not specifically reserved for the Executive

Committee or the Board elsewhere in this Act shall be

exercised by him on behalf of the Executive Committee

and the Board.

(ii) In particular, be shall be subject to the powers and

functions delegated to him by the Executive

Committee, responsible for the-planning- and

execution..

783

of the academic and co-curricular activities of the school and

discipline among staff and students.

(4) The Principal shall have power to incur expenditure upto

such extent as may be determined by the Executive

Committee from time to time.

CHAPTER VIII

MISCELLANEOUS

19. . If any difficulty arises in giving effect to any of the provisions of

this Act, the Government may by. order remove

such difficulty. .

20. (1) The Board may, from time to time, make regulations

consistent with this Act;

(2) In particular, and without prejudice to the generality of the

foregoing provision, such regulations may be made on the

following matters, namely:

(a) procedure for election of members referred to in clauses (i)

and (j) of section 4;

(b) procedure for holding meetings of the Board;

(c) nomination and. tenure of members of Consultative Co-

mmittees referred to in section 14 ;

(d) rules and procedure of the meetings of the Executive

Committee other than those enumerated in sub-sections (1) to

(3) of section 16;

(e) procedure for preferring appeals to Executive Committee by

members of the staff of the school;

(f) any other matter which has to be, or may be, prescribed.

(3) Till such time as regulations regarding the terms and

conditions of service of the school employees and finance and

money matters are made under the provisions of the Act, the

corresponding. rules of the Government may. be followed, or

followed to the extent the circumstances permit:

784

Provided that this is without prejudice to any provisions

already incorporated in this Act relating to such matters.

21. All decisions may be made, and resolutions passed by the Board

and the Executive Committee as far as possible unanimously,

and where there is disagreement, a simple majority of members

present and voting shall decide the issue. In case of equality of

votes, the presiding officer shall have a second and. casting

vote.

22: A member of the Board or Executive Committee who has any

direct or indirect pecuniary interest in any matter coming up for

consideration at a meeting of the Board or Executive Committee

shall as soon as possible after relevant circumstances have

come to his knowledge, disclose the nature of his interest at such

meeting, and the disclosure shall be recorded in the minutes of

the 'Board or 'Executive Committee, as the case may be, and the

member shall not take any part in any deliberation or decision of

the Board or Executive Committee with respect to that matter.

23. No act or proceeding of the Board or the Executive Committee

shall be invalidated merely by reason of

(a) any vacancy in, or any defect in, the constitution of

the Board or Executive Committee;

(b) any defect in the appointment of a person acting as a

member of the Board or Executive Committee; or

(0) any irregularity in the procedure of the "Board or

Executive Committee not affecting the merits of the

case.

24. On and from the appointed day, any law . proclamation,

order, rules, regulations or notifications 'in relation to the

Tashi Namgyal Academy, Gangtok 'shall stand repealed.

785

THE SIKKIM PUBLIC WORKS (LIABILITY OF GOVERNMENT

AND CONTRACTOR) ACT, 1983

(ACT NO. II OF 1983)

AN

ACT

[ 1. 10. 83 ]

to provide for liability of the Government and the

contractor for certain damage caused to the property in the course of

executing a public work and for matters connected therewith.

Be it enacted by the Legislature of Sikkim in the Thirty-

fourth Year of the Republic of India as follows:

1. (1) This Act may be called the Sikkim Public Works (Liability of

Government and Contractor) Act, 1983.

Short title, extent

and commencement.

(2) It extends to the whole of Sikkim.

(3) It shall come into force on such date as the State

Government may, by notification, appoint.

2. In this Act, unless the context otherwise requires, Definition..

(I) "avoidable damage" means cutting of trees, standing crops,

damage to huts, camping or dumping materials on the land of

another person .without the authority of the owner of the said

land and includes any other damage which, in the opinion of the

Government, is not an unavoidable damage;

3. (2)Chief Engineer" means an officer of the Government appointed

as such whether or not in the Public Works Department;

(3) "Collector" means the District Collector and includes any

Officer especially appointed by the Government to perform the -

functions of the Collector under this Act;

(4) 'contractor' means a person or association of persons

whether incorporated or not, who is entrusted with a public

work; .

(5) "Government" means the Government of. Sikkim ;

786

(6) land includes benefits to arise out of land, and things

attached to the earth or permanently fastened to anything

attached to the earth;

(7) "notification " means a notification published in the Official

Gazette;

(8) person interested" includes all persons claiming an interest in

compensation to be made on account of the imposition of

restrictions upon the use and enjoyment of land or on account of

damage to any land under this Act;

Explanation.-A person shall be deemed to be interested in land if he is

interested in an easement affecting the said land;

(9) "prescribed" means prescribed by rules this

Act;

made under

(10) "public work" means any work relating to construction of

road, building, bridges or any other work entrusted by the

Government to a contractor for execution;

(11) "unavoidable damage" means,.

(a) damage caused due to rock cutting on steep slopes

where it is not possible or practicable on the part

of the contractor to contain debris by erecting suitable

barriers;

(b) landslides not caused due to negligence on the

part of the contractor;

(c) any other damage which, in the opinion of the Chief

Engineer, for reasons to be recorded in writing, is not an

avoidable damage.

3. (1) Whenever it appears to the Government that it is necessary to

impose restrictions upon the use and enjoyment of land in the

vicinity of any public work or of any site intended to be used or to

be acquired for any such work, it may, by notification, impose

such restrictions on such land as it may deem necessary.

.787

(2) A sketch plan of the land in respect of which the notification

referred to in sub-section (1) is issued shall be prepared on a

scale not smaller than 6 inches to the mile indicating the

boundaries of such land and the Collector shall cause public

notice of the substance of such notification to be published at

convenient places in the locality. (3) The notification referred to

in sub-section (I) shall be conclusive proof that it is necessary to

keep the land free from buildings and other obstructions

specified therein.

4 It shall be lawful for such officer as the Government may, by

general or special order, authorize in this behalf, and for his

employees, servants and workmen, at any time after the

publication of the notification under section 3, to enter upon and

survey and take levels of .any land in such locality, to dig or bore

into the sub-soils, to do all other acts necessary to ascertain

whether any land, if so, what restrictions should be imposed on

the use and enjoyment of the land, to set out the boundaries of

the land upon the use and enjoyment of which restrictions are to

be imposed, or of any part of such land, to mark such levels and

boundary lines by placing marks and cutting trenches, and

where the survey cannot be completed or the levels cannot be

taken or the boundary lines cannot be marked, to cut down and

clear away any part of any standing crop, fence or jungle:

Provided that no person shall enter into any building or upon

any enclosed courtyard or garden attached to a dwelling .house

unless with the consent of the occupier thereof or without

previously giving such occupier at least seven days' notice in

writing of its intention to do so

5. The Officer authorised under section 4 (hereinafter referred.

to as the authorised officer) shall at the time of such entry pay,

or tender payment for all avoidable damage done or proposed

'to be done and, in case of dispute as to the sufficiency of the

amount so paid or tendered, he shall at once refer the dispute to

the decision of the Collector whose decision shall be final.

6. (1) Whenever a notification has been issued under section 3, it

shall be lawful for the authorised officer or his employees,

servants and workmen to enter and demolish any buildings or

other construction on the. surface, to cut down or

788

grub up all or any trees, to remove or alter all or any of the

banks. fences, hedges and ditches, to make underground and

other drains, to fill up all excavations, and demolish all buildings

and other constructions below the surface, and generally ,to level

and clear the said land and to do all such acts for. leveling and

clearing the same as he may deem ,necessary or proper, but ,in

such manner, nevertheless that evidence of the boundaries held

by different owners may be preserved.

(2) In case of emergency, the Government may, by notification.

declare that all or any powers conferred by sub section, (I) may

be exercised at any time within one month after the, publication

of the notification under section 3 and such powers may be

exercised accordingly.

(3) Nothing in sub-section (1) shall preclude the authorised.

officer or his employees, servants or workmen from exercising at

any time the said powers for the .purpose of removing, wholly or

in part, any building or other obstruction, maintained, created or

added to, altered, planted, stacked, stored or otherwise

accumulated in contravention of this Act or of any rules or orders

made thereunder.

7. On and from the date of publication of the notification under

section 3, such of the following restrictions, as the Government

may, in its discretion, declare therein, shall attach with reference

to such land, namely:

(a) no variation shall be made in the ground-level, and no

building, wall, bank or other construction. above the ground shall

be maintained, erected, added to or altered otherwise than with

the previous written approval of the Government or any officer

authorised by it in this behalf;

. (b) no wood, earth, stone, brick, gravel, sand or other material

shall be stacked or stored or otherwise accumulated, and if any

of such materials have been stacked or stored they shall be

removed forthwith;

(c) no live-hedges, rows or clumps of trees or orchards shall be

maintained, planted, added to or altered otherwise than with the

previous approval of, the Government or any officer authorised

by it in this behalf.

789

8. (1) Before the expiry of 3 months from the date of publication of

the notification under section 3, the Collector shall issue. a

notice to all persons interested in such land giving the date and

time on which an enquiry for assessment of damage is to be

held.

(2) Such notification shall be served in accordance with the

provisions of the Code of Civil Procedure, 1908.

(3) A person interested may, if he so desires, file a written

objection before the Collector.

(4) On the day so fixed under this section or any other date to

which the enquiry is adjourned, the Collector. shall proceed,

enquire into the objections (if any) filed by any person interested

in the land and determine the amount of damage and the

interest of the person claiming the compensation and shall

make an award under his hand of:

(a) the true area of the land and the nature of damage;

.(b) the compensation which, in his opinion, should be allowed

for any damage caused or likely to be caused due to the

execution of any public work or imposition of any

restrictions;

(c) the apportionment of the compensation among all the

persons known or believed to be interested in the land, of

whom or of whose claims he has information, whether or

not they appeared before .him.

(5) The Collector shall give immediate notice of the award made

by him to such of the persons who are interested in the land but

who are not present personally or by their representatives when

the award was made.

9. The Collector may, for any cause he thinks fit, from time to'

time, adjourn the enquiry to a day to be fixed by him.

10. For the purpose of enquiry under this Act, the Collector shall

have power to summon and enforce the attendance of

witnesses including the persons interested or any of them and

compel the production of documents by the same means and in

the same manner as far as may be as is provided in the case of

Civil Courts in the Code of Civil Procedure, 1908.

790

11. (1) In determining the amount of compensation to be awarded for

damage caused, or likely to be caused, or for restrictions

imposed under this Act, the Collector shall take into

consideration

(a) the actual decrease in market value of the land owing

to the publication of the notification under section 3;

(b) the damage sustained by the person interested by reason of

the removal of any standing crops, staking or storing of

sand, stones or other materials required in executing. the

public work;

(c) the damage, if any, sustained by the person interested by

reason of ceasing to be able to use such land conjointly

with his other land;

(d) the damage, if any, sustained by the person interested by

anything which injuriously affects his other property,

moveable or immovable, in any other manner, or his

earnings and

(e) if, in consequence of the imposition of restrictions, the person

interested is compelled to change his residence or place of

business the reasonable expenses incidental to such

change.

(2) In addition to amount or award, the Collector shall in every

case award a further sum equivalent to fifteen percent of such

award.

12. (1) In determining 'the amount of compensation to be awarded for

damage caused or likely to be caused for restrictions imposed

under this Act, the Collector shall not take into consideration-

(a) the degree or urgency which has led to the damage

or the imposition of restrictions;

(b) disinclination of the person interested to submit to

damage or restrictions;

(c) any damage sustained by him, which, if caused by a private

person, would not render such person liable to a suit;

791

(d) any increase in the value of the other land of the person

interested occurring or likely to occur from anything done

under this Act; or

(e) any outlay or improvements on, or disposal -of, the land

commenced, made or effected without the previous

approval of the Government after the date of publication of

the notification under section 3.

(2) While making the award under this Act the Collector shall

indicate therein whether the damage is avoidable or

unavoidable.

13. (1) Where the damage is unavoidable the compensation shall be

paid by the Government or any other person or agency on

whose behalf the work is being executed, to the persons

interested in accordance with the award made by the Collector

and where the damage is avoidable it shall be payable by the

contractor within such time as may be specified in the notice

issued by the authorised officer.

(2) The authorised officer. shall issue or cause to be issued a

notice upon the contractor calling upon. him to deposit with

such officer the amount of the award within such time and in

'such. manner 'as may be specified in the notice.

(3) Where the contractor fails to comply with the notice issued

under sub-section (2), it shall be' lawful for the authorised officer

to recover the amount on account of damage as given in the

award from the payments due to the contractor or from the

earnest money or security deposit of the said contractor lying

with the Government whether or not under the said contract.

(4) The authorized officer may pay to the person interested the

amount of compensation on execution of indemnity bond by the

person concerned.

(5) It shall be the duty of the Government to make available to

the authorised officer the amount. of compensation payable for

unavoidable damage and the authorised officer shall distribute

the said amount in the 'manner specified in sub-section (4).

792

(6) Where any amount of compensation lies undisbursed with

the authorised officer, he shall keep the same in deposit in the

bank as may be directed by' the Government.

14. (1) Where the payments due to a contractor in respect, of any

public work, or the earnest money or security deposits of such

.contractor are found by the authorised officer to be insufficient

to meet the amount stated in the award, such authorised officer

shall prepare a certificate of dues and send the same to the

Judicial Magistrate of the first Class of 'the area in which the land

is situated.

(2) The Judicial Magistrate of the first Class to whom such

certificates is sent shall forthwith realize the amount due from 'the

contractor as if it were a fine imposed by .him and upon recovery

of the amount, transmit the same to the authorised officer.

15. (1) Service of any notice under this Act shall be made by

delivering or tendering a copy thereof signed, in the case of a

notice under section 3, by the officer therein mentioned and in

the case of any other notice, by an order of the Collector.

(2) Whenever it may be practicable, the service of the notice

shall be made on the person therein named.

(3) When such person cannot be found, the services may be

made on any adult male member of his family residing with him,

and. if' no such adult male can be found, the notice may be

served by affixing a copy on the outer door of the house in which

the person therein ordinarily dwells or carries on business, or' by

fixing a copy thereof at some conspicuous place in the Court

House .and also in some conspicuous part of the land upon

which restrictions are to be imposed:

Provided that, if the Collector so directs, a notice may be

sent by registered post in a letter addressed to the person named

therein at his last known residence, address or place of business,

and service of it may be proved by the production 'of' the

addressee's receipt or postal receipt.

. 16. (1) Any person aggrieved by the award made by the Collector

under this Act may, within 30 days from the date' of the

'793

knowledge of award, ,prefer an appear to .the Government in the

form of a Memorandum giving the grounds 'of such appeal:

Provided that the Government may admit the appeal after

the expiry period of 30 days if it is satisfied that the appellant

was prevented by sufficient cause from filing the appeal within

the time prescribed.

(2) No appeal shall be disposed of unless after giving the person

concerned an opportunity of being heard.

(3) The decision of the Government under this section shall be

final and an appeal against such decision shall, notwithstanding

anything to the contrary contained in any other law lie to the High

Court only.

17. No award made or appeal preferred under this Act shall be

chargeable with stamp duty and no person claiming under any

such award shall be liable to pay fee for a copy of the said

award or decision of the Government.

.

. 18.. 'No suit, prosecution or other legal proceedings shall lie against

any person for anything which is. in good faith done or intended

to be done under this Act or the rules made thereunder.

19. (1) If the person committing an offence under this Act, or the

.rules thereunder is a Company, every person, who at the time

the offence was committed, was in charge of, and was

responsible to the company. for the conduct of the business of

the company, as well as the company, shall be deemed to be

guilty. of the contravention and shall be liable to be proceeded

against and punished accordingly:

Provided that nothing contained in this .sub-section

'shall render any such person liable to any punishment if he

proves that the offence was committed without his knowledge or

that he exercised all due diligence to prevent the commission of

such offence.

(2) Notwithstanding anything contained in sub-section (1) where

the offence under this Act or the rules made there under has

been committed by a company and it is proved that the offence

has been committed with the consent or

794

connivance of, or is attributable to any neglect on the part of any

director or manager, Secretary or other officer of the company

such director, manager, Secretary or other officer shall also be

deemed to be guilty of that offence and shall be liable 'to be

proceeded against and punished accordingly.

Explanation.-For the purposes of this section,

(a) "company" means any body corporate and includes a firm or

other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

20. Whoever contravenes the provisions of this Act or any

rules, or notifications made thereunder shall be liable to be

punished with imprisonment for a term which may extend

to six months or to a fine which may extend to rupees two

thousand.

11. If any difficulty arises in giving effect to any of the provisions of

this Act the Government may, by order, remove such difficulty:

Provided that no such order shall be made after the

expiration of a period of two years from the date of

commencement of this Act.

22. The Government may, by notification, make rules for the

purpose of giving effect to the provision. of this Act.

23. All things done actions taken or payments realized from

a contractor for any damage in respect of a public work

entrusted to that contractor before the commencement

of this Act shall be, and shall always be deemed to be

legal and valid notwithstanding anything to the, contrary

contained in this Act.

"

795

THE SIKKIM ENTERTAINMENT TAX (AMENDMENT)

ACT, 1984

(ACT NO 3 OF 1984)

AN

ACT

1 ,

to amend the Sikkim Entertainment Tax Act, 1980.

Be it enacted by the, Legislature of Sikkim in the

Thirty-fifth Year of the Republic of India as follows:

(1) This Act may be called the Sikkim Entertainment Tax

(Amendment) Act, 1984.

(2) It extends to the whole of Sikkim.

(3) It shall come into force at once.

IIn the Sikkim Entertainment Tax Act, 1980 (hereinafter referred to

as the principal Act), in section 2, in clause (c),after the word"

entertainment" and before the word" includes" the words" means

exhibition of films and" shall be inserted.

In the principal Act, after section 3, the following sections shall be

inserted, namely :

2.

" .

3.

"3A. (1) Where the entertainment is provided by video exhibition, the

Government may realize the entertainment tax in a lump

sum not exceeding three thousand rupees per month as the

Government may, from time to time, by notification, specify

and having regard to the population different rates may be

specified for different areas in the State.

(2) The provisions of this section and' section 3D shall also

apply to the entertainment provided by video exhibition by

any association or club of more than ten individuals.

(3) The entertainment tax under this section shall be payable

monthly' in advance in such manner as may be specified by

the 'Government, by notification. .

3B. (1) The proprietor of the place where entertainment' is provided

by video exhibition shall, before the licence is granted, be

required, to deposit an. amount not exceeding three

'thousand rupees as may' be specified by, the Government

,by notification, by way of security for the payment of the

entertainment tax under subsection (1) of section '3A.

[ 22. 3. 1984 ]

Short title, extent

and

commencement.

8 of 1980.

Amendment of

section 2.

Insertion of new

sections 3A, 3B,

30 and 3D.

Tax for admission

to entertainment

'realizable in a

lump sum.

Proprietor to furnish

security and other

information.

'"

796

(2) Such. proprietor shall ,by an application in writing. intimate to

the Government or an officer authorized by it under section 9

of this Act the place where entertainment is provided by

video exhibition

Notwithstanding anything contained in any law relating to

criminal procedure for the time being in force in Sikkim,

every offence under this Act and the Sikkim Cinemas

(Regulation) Act, 1978 shall be cognizable, bailable and

triable summarily by a Judicial Magistrate of the first class.

3C.

3D. Where more than ten persons are found gathered at

a place where entertainment is being provided by video

exhibition, the ,burden of proving that the persons so

gathered are members of the family of. or have been

admitted without payment for admission shall lie

on the person providing such entertainment.

In the Sikkim Cinemas (Regulation) Act, 1978 4.

(a) in section 2,

(i) after clause (a), the following clause shall be inserted,

namely

"(aa) "film" means a cinematograph film and includes any

tape or cassette of moving pictures or series of moving

pictures used in video cassette player or recorder

(ii) after clause (d), the following clause shall be inserted,

namely:

"(e) ".video exhibition" means the exhibition of film through

video cassette recorder or player and includes the exhibition

of film through television or apparatus attached to television

or the machine for transferring the film to the television

screen or any other apparatus which shows a film on screen

through any means other than the cinema projector";

(b) after section 4, the following section shall be inserted,

namely:

"4A. The procedure for grant of licence, the fees payable therefor,

the terms, conditions and restrictions subject to which licence

may be granted under this Act for public exhibition by means of

a cinematograph including video exhibition shall be such as

may be prescribed".

".

797

THE SIKKIM LEGISLATIVE ASSEMBLY MEMBERS

(PAYMENT OF PENSION) ACT, 1984.

(ACT NO.4 of 1984)

AN ACT

to provide for the payment of pension to persons who have

been members of the Sikkim Legislative Assembly. ( 22. 3. 1984 )

Be it enacted by the Legislature of Sikkim in the Thirty. fifth

Year of the Republic of India as follows:

1. (I) This Act may be called the Sikkim Legislative Assembly

Members (Payment of Pension) Act, 1984.

Short title and!

commencement

(2) It shall come into force on such date as the State

Government may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires, Definitions.

I ["(a) "Assembly" means the Sikkim Legislative Assembly duly

constituted under the Constitution (Thirty-sixth Amendment) Act,

1975 and thereafter. " ]

(b) "term of office'; in relation to a member of the Assembly,

means the period beginning with the date of publication of the

notification 'of his election as a member and ending with the date

on which hill seat becomes vacant.

Explanation I Where a general election to the Assembly is

held and election does not take place in any constituency for any

reason and a Member is elected in that constituency at the

election held subsequently, in his case the term of office shall be

deemed to have begun on the date on which the results of the

general election in other constituencies were published in the

Official Gazette:

1. Substituted by the Sikkim Legislative Assembly Members'

(Payment of Pension) Amendment Act No.4 of 1989 w. e. f. 1. 4.

1989.

. 798

Provided that where a person having been elected in a

general election from more than one constituency resigns from

a constituency, then the .person who is elected subsequently

from that constituency shall be deemed to have been elected on

the date on which the results of the general election in other

constituencies were published in the Official Gazette.

.

Explanation II. - Where any Member of the Assembly

. resigns his seat for any cause, then. for the purpose of

calculating his term of office, the period during which he would

have continued to be a Member but for his resignation shall bee

taken into consideration and he shall be deemed to have served

as a Member for that period also:

Provided that the maximum period which may be taken into

consideration shall not exceed three months in the.

case of any Member.

.'

Explanation. III.- Where any Assembly is dissolved earlier,

but not earlier than six months prior to the date on' which its

duration would have expired under the provisions of clause (I) of

article 172 of the Constitution of India, then, for the purpose of

calculating the term of office of any Member thereof, the period

during which he would have continued to be a Member of the

Assembly if it had not been dissolved earlier, shall be taken into

consideration and he shall be deemed to have served as a

Member for that' period also.

3. (I) On and from the commencement of this Act, there shall be

paid a life long pension of three hundred rupees per month to

every person who has served as a Member of the Assembly for

a period of five years whether before or after the commencement

of this Act and whether continuous or not:

Provided that, where any person has served as aforesaid

for a period exceeding five years, there shall be paid to him an

additional pension of fifty rupees per month for every year in

excess of five, so, however, that in no case the pension payable

to such person shall exceed five hundred rupees per month:

Provided further that, any person who has served as

aforesaid for a period which falls short of five years by

799:

not more than sixty .days,. shall also be.. paid a. pension of three hundred rupees per month. (2) In computing the number of years for the purposes of sub-

section (1) the period during which a person has served as a

Speaker or Deputy Speaker of the Assembly or as Chief

Minister, Minister, Minister of State or Deputy Minister or in more

than one of those capacities by virtue of his membership of the

Assembly, shall also be taken into account.

4. (1) Where any person entitled to pension under section 3,

(a) is elected to the office of the President or Vice President of

India or is appointed, to the office of the Governor of any

State or the Administrator .of any Union Territory; or

(b) becomes a Member of the Council of States or the House of

the people or any Legislative Assembly of a State or Union

Territory or any Legislative Council of a State; or

.'

(c) is employed on a salary under the Central Government .,or

any State Government, or any Corporation owned or controlled

by the Central Government or any State Government, or any

local authority or otherwise receives any remuneration from such

Government, Corporation or local authority

such person shall not be entitled to any pension under section 3

for the period during which he continues to hold such office or

continues as such Member or is so employed or continues to

receive such remuneration:

Provided that where the salary payable to such person for

holding such office or being such Member or so employed, or

where the remuneration referred to in clause. (c) paid to such

person is in either case, less than the pension payable to him

under section 3 such person shall be entitled only to receive the

balance as pension under that section.

(2) Where any person entitled to pension under section 3 also

receives any pension from the Central Government or any

State Government, or any Corporation, owned or con

800

trolled by the Central Government or the State Government, or

any local authority, under any law pr otherwise, then

(a) where the amount of pension which he receives under such law

or otherwise is more than five hundred rupees per month, such

person shall not be entitled to any pension under section 3

(b) where the amount of pension which he receives under such law

or otherwise is less than five hundred rupees per month, such

person shall be entitled to full or portion of the pension under

section 3, so that the total amount of the pensions does not

exceed five hundred rupees per month

(3) Notwithstanding anything contained in sub-section (2), where

any person entitled to pension under section 3 also receives

any pension from the Central Government or any State

Government as a freedom-fighter, then such pension shall not'

be taken into consideration in deciding the amount of pension

to which he is entitled under that section.

5. If any person to whom pension is payable under this Act has not

paid any amount payable by him to the State Government or the

Assembly, the amount so payable may be recovered from the amount

payable as pension.

6. (1) The State Government may, by notification in the Official Gazette,

make rules for the purpose of carrying into effect the provisions

of this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the

following matters, namely:

(i) the form in which and the authority to which an application for

pension shall be made

(ii) the certificates to be furnished along with an application

for pension;

(iii) the declarations to be made at the time of drawing

pension;

801

(iv) any other matters necessary for proper implementation

and enforcement of this Act.

(3) Any rules under this section may be made so as to be

retrospective from any date not earlier than the date of

commencement of this Act.

7. If there is any doubt or dispute as to whether a person is entitled

to pension or as to the amount of pension or all to the period for

which he shall be entitled to pension under this Act, the matter shall

be referred to the Speaker of the Assembly, who shall in consultation

with the State Government, decide the question and such decision of

the Speaker shall be final.

THE SIKKIM HOUSING AND DEVELOPMENT

(AMENDMENT) ACT, 1985

(ACT NO.3 OF 1985)

AN ACT

to amend the Sikkim Housing and Development Board Act,

11979.

WHEREAS it is expedient to amend the Sikkim Housing

and Development Board Act, 1979;

It is hereby enacted in the Thirty-sixth Year of the Republic

of India by the Legislature of Sikkim as follows:

1. (1) This Act may be called the Sikkim Housing and Development

Board (Amendment) Act 1985.

(2) It shall be deemed to have come into force on the 22nd day

of April, 1985.

2. In the Sikkim Housing and Development Board Act, 1979,

in section 4. in sub-section (1), after the words "State

Government'; and before the words "and the following", the

words "or any other person so appointed by the State

Government" shall be and shall be deemed always to have been

inserted.

Decision on questions

relating to pensions.

[ 23-6-85;]

Short title and

commencement

Amendment of

section 4.

4 of 1979.

BOARD

SIKKIM (LIVESTOCK AND LIVESTOCK PRODUCTS

CONTROL ) ACT, 1985.

(ACT NO.4 OF 1985)

AN ACT

THE

Act may be called the Sikkim Livestock and .

Livestock Products Control Act 1985.

(2) It extends to the 'whole of Sikkim

.

802

3. (1) The Sikkim Housing and Development Board: (Amendment)

Ordinance, 1985 (No.1 of 1985) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action

taken in the exercise of the powers conferred by or under that

Ordinance, shall be deemed to have been done or taken in

exercise of the powers conferred by or under this Act as if this

Act was in force on the day on wbich such thing was done or

such action was' taken.

Repeal., and

Savings.

28-6-85

to provide, in the interests of the general public, for entry of healthy livestock into the

State of Sikkim for slaughtering and consumption by the general public, for regulating hygienic

conditions in places where livestock are slaughtered, to maintain regular supply at reasonable

prices of meat to the general public, to maintain regular and continuous supply of hides and

skins for the development of leather and allied industries in the State of Sikkim and for matters

connected therewith or incidental thereto.

WHEREAS many places in Sikkim being located on high altitudes have cold climate

where meat is consumed in large quantities;

AND WHEREAS in the interests, of the general public it is necessary to ensure regular

supply of healthy livestock for human consumption and also to ensure the hygienic conditions"

in places where livestock is slaughtered as also to maintain regular supply of meat at

reasonable prices to the general public;

AND WHEREAS there is large potential for developing, leather and, allied industries. in

the State of Sikkim for which regular and continuous supply 'of good hides and skins and other

livestock is necessary at reasonable prices.

Be it enacted by the Legislative Assembly of Sikkim in the Thirty-sixth Year of the

Republic of India as follows, namely:

(l )This

. Short title. extent

and

commencement.

(3) It shall come into force at once.

803

2. In this Act, unless the context otherwise requires,

(i) "appointed day"

of the Act; .

means the date of commencement

(ii) "Government" means the Government of Sikkim;

(iii) "livestock" includes buffalo, sheep ,lamb, pig, boar, sow,

goat, kid, bullock, calf, ox, yak, jho, or mithun and such other

animals as may be notified by the Government by notification..

(iv) "Livestock Products" includes meat, hides, skins, bones"

hooves, horns, blood and other inedible parts of slaughtered

livestock; and such products as may be notified by the

Government by notification;

(v) "meat" means flesh or other. edible parts of livestock which

are sold or intended for sale for human consumption and

includes the edible. part of the ;muscle of cattle, sheep, swine’s

or goats which is selected or which is found in the tongue, in the

diaphragm, the heart or in the oesophagus, with or without the

accompanying and over-lying fat and the portions of the bones,

stain, sinew, nerve and blood vessels which normally accompany

the muscle tissue and which are not separated from it in the

process of dressing but does not include muscle found in the lips

snout or ears;

(vi) "notification" means a notification published in the

Official Gazette;

. (vii) "State" means the State' of Sikkim. (viii) rules means rules made under this Act.

3. ' '

The Government, so far as it appears to them to be necessary

or expedient for maintaining or securing supplies of livestock

or livestock products or for arranging for equitable distribution of

livestock products and availability thereof at fair, prices, may from

time to time, by notification, provide for regulating or prohibiting

the supply, distribution and bring livestock into the State and trade

and commerce in livestock and livestock products.

. (2) A notification made under sub-section (1) may provide:

(a) for regulation by licenses, permits or otherwise bringing

livestock into the State and slaughter thereof;

804

. . . .

(c) for prohibiting the withholding from sale of any livestock

product ordinarily intended for sale;

(d) for requiring any person holding in stock any livestock product,

whether .processed or not to sell the whole or .specified part of

'such stock at such price to the. .Government or to an officer or,

authorised agent. of' the Government;

(e) for collecting. any information with a view to regulating or

prohibiting any livestock or sale of livestock products; I , .~ (f) for requiring any person engaged in the supply' or distribution

of. or trade or commerce in, any livestock product to declare their

stocks of such, products and allow inspection of, or produce for

inspection, any books, accounts and records relating to trade.

and commerce;

(g) for regulating the processing of any livestock product;

(h) for any incidental and supplementary matters, including in

particular, the entering and search of premises vehicles, the

seizure by a 'person authorised to make such search in respect

of livestock or livestock products where such person has reason

to believe that a contravention of the notification has been, is

being or is about to be committed;

(i) for the grant of issue of licenses, permits or other documents

and the charging of fees therefor

.4 (1) On and from the appointed day. no livestock or livestock

product .shall be allowed to be entered in the State without

veterinary check: up at such check posts as may be set up for

the purpose by the Government by notification. .

{2) No livestock: or livestock product shall be allowed to be

brought into the State,' unless a tax as may be notified by the

Government' is. 'paid in such manner as may be specified in the

said notification.

5. The Government may, by notification, fix fees for rendering such

services as. may be specified in. the said notification and

different rates may be specified for different categories of

livestock, livestock.. products ;and services rendered at Check:

Posts.

. (b) for regulating the .prices at which any of the livestock

products may be sold;

805

6. The Government may, by notification, collect slaughter house '

fees as. may be notified by the Government from time to time

head of livestock, specified in the Schedule to. this Act whose

meat is fit for human consumption and the Government may

by notification, from time. to time, specify different rates for

different categories' live-stock.

.7 (1) On and from the appointed day, no person other than the

Government or its authorised agent, shall deal in the trade

and commerce of' hides and skins of such categories of

livestock as the' Government may, by notification, specify.

(2) The Government may, by notification, appoint any

(a) corporation owned or controlled by the Government; or

(b) Co-operative society registered or deemed to have'

been registered under the Sikkim Co-operative

Societies Act, 1978 ( 12 of 1978) as its agent to deal in

trade and commerce of hides' and skins and other

livestock products. .

(3) The agent authorised or appointed under' sub-section (2) shall

act under the direction, control and 'supervision of the

Government. Every direction or order issued by the

Government shall be binding on the agent so authorised or

appointed.

8. On and from the appointed day no person shall remove any

hides and skins of livestock out of the limits of the State of Sikkim

without obtaining a permission in writing from the Government or

an officer authorised by Government to be obtained by payment

of fees specified in this behalf 'by notification. :

9. On and from the appointed day. no owner of hides and skins

shall sell them to any person other than the Government or its

authorised agent at such prices as the Government may, by

notification, specify.

10. The Government may, from time to 'time, by notification, fix the

maximum retail prices for sale of various types and classes of meat.

.' .

'806

11..As soon as may be after the' appointed day the Government shall

establish .slaughter houses in the State at such places as the

Government may, by notification, specify.

12. (1) On and from the establishment of Government slaughter

houses, no livestock shall be slaughtered at a place other

than the Government slaughter houses.

(2). The. provision of sub-section (1) shall not apply to

. . slaughter of livestock for personal and family purposes.

13. (1) The Government may make rules regulating the slaughter of

livestock in the Government slaughter houses.

(2) Such rules may provide for all or any of the following matters,

namely:

(a) the manner in which livestock of different categories

is to be slaughtered;

(b) placing of identification marks. on the slaughtered

livestock;

(c) disposal of the slaughtered livestock which. is unfit

for human consumption.;

(d) disposal of the portion or portions of the slaughtered

livestock which are ordinarily not fit for human

consumption;

(e) disposal of waste materials of the slaughtered lives

tock;

(f) grant, renewal, revocation and suspension of licenses

of butchers and their qualifications;

. (g) fixation of age of different categories. of .livestock

. . for slaughter;

(h) sanitary conditions and other facilities to be provided at

the slaughter house;

(i) the persons who. may be allowed to. enter the

slaughter house; .

. (j).separation of livestock for slaughter;

801

(k) closure of slaughter house;

(l) any other matter on which it is necessary to make

rules.

14. The Government or its authorised agent acting in pursuance of

this Act shall interfere with the ordinary avocations of life and the

enjoyment, of property as little as may be consonant with the

general interests of the public.

'15. Any person who attempts to contravene,. or abets the

contravention of, any provisions of this Act, rule or notification

made under this Act shall be deemed to have contravened such

provision of the Act, rule or notification, as the case may be.

, .

16. (1) When an offence under this Act has been committed by a

company, every person, who, at the time the offence was

committed, was directly in charge of 'and was responsible to,

the company for the conduct of the business of the company

as well as the company, shall be deemed to be guilty of the

offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall

render any such person liable to any punishment, if he

proves that the. offence was committed without his know-

ledge or that he had exercised all due diligence to prevent

commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where

any offence under this Act has been committed -by a

company and it is proved that the offence has been

committed with the consent or connivance of, or is

attributable to any neglect on the part of any ,director

manager, secretary or other officer of the company, such

director, manager, secretary or other officers shall also be

deemed to be guilty of that offence and shall be liable to be

proceeded against and punished accordingly.

Explanation.-For the purposes of this section:

(a) "company" means any body corporate and includes

a firm or other association of individuals

808

(b) "director" in. relation to a firm, means a partner

in the firm.

17. Any person who contravenes the provisions of this Act, any rule

made or notification issued under this Act shall, on conviction, be

punishable with imprisonment of either description for a term

which may extend to one year or with fine which may extend to

five thousand rupees or with both.

18. Notwithstanding anything -contained in the law relating to

Criminal Procedure for the time being in force in the State, it shall

be lawful for a Judicial Magistrate of the First Class to pass a

sentence or fine exceeding the pecuniary limits specified in such

law on any person convicted of contravening any provision of this

Act or any rule made notification issued thereunder.

19. Notwithstanding anything contained in the law relating to Criminal

Procedure for the time being in force in the State all offences

under this Act shall be cognizable and bailable.

20. (I) No suit, prosecution or other legal proceedings shall lie

against any person for anything which is in good faith done

or intended. to be done in. pursuance of this Act.

(2) No suit or other legal proceedings shall lie against the

Government, its officer or its authorised agent for any

damage caused or likely to be caused by anything which is

in good faith done or intended to be done in pursuance of

any provision of this Act or rule made or notification issued

thereunder.

21. If any difficulty arises in giving effect to the provisions of this Act,

the Government may, by order, not inconsistent with the

provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry

of a period of two years from the appointed day.

22 The Government may, by notification, make rules for carrying out

the purposes of this Act.

23. All proclamations, orders, rules, regulations, notifications

and bye-laws in force on the appointed day relating to the

matters covered by. this Act shall stand repealed.

809

(2) Such repeal shall not effect any 'investigation, legal

proceeding or remedy in respect of any right, privilege,

obligation, penalty, liability, forfeiture or punishment and any

such investigation, legal proceeding or remedy may be

instituted, continued or enforced and any such penalty,

forfeiture or punishment may be imposed as if this Act had

not been repealed.

'.

I [ "SCHEDULE

(See section 6)

LIST OF LIVESTOCK INTENDED FOR SLAUGHTER

Bullock, Buffalo, Sheep, Lamb, Ewe, Wether, Pig."] 1.

1. Inserted by Sikkim (Livestock and Livestock Products Control) Amendment Act

No.9 of 1986 w. e. f. 28.6. 1985.

THE SIKKIM CULTIVATORS PROTECTION ACT,1985

(Act No.5 of 1985)

AN ACT

[ 28-6-85 ]

to make provisions for protection of cultivators against termination of cultivation of

lands cultivated by them, for restoration of such lands in case of illegal termination, for limiting

the liability of the cultivators for termination of cultivation by the owner in certain circumstances

and for other matters connected therewith.

Be it enacted by the Legislative Assembly Year

of the Republic of India as follows namely:

of Sikkim in the Thirty-sixth

1. (1) This Act may be called the Sikkim Cultivators' Protection Act, 1985.

(2) It extends to the whole of Sikkim.

(3) It shall come into force at once.

2. In this Act, unless there is anything repugnant in the

subject or context, Definitions.

(a) "agricultural year" means the year commencing from the first

day of February;

(b) "civil court" does not include. the High. Court or the

.Supreme Court; . . "

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. .

(c) "cultivator" means a person who' cultivates the land of another

person / on' condition of payment of rent, in . cash or in kind, or on

condition of delivering or receiving share or any fixed quantity of

the produce and includes a person who cultivates the land of

another person on any terms and conditions except as a paid

servant or hired labourer but does not include persons who are cul-

tivating under work permits granted. under laws in force at present

in the State of Sikkim with their addresses .outside the country.

(d) "owner". means a person whose land is cultivated by

a cultivator

(e)"personal .cultivation" means cultivation of the land by 'the

owner himself or through members of his family or his heirs and

dependents or through paid servants or hired laborers;

(f) "prescribed" means prescribed by Rules made under this Act;

, (g) "Prescribed Authority" means the District Collector within

whose jurisdiction the land is situated and shall also include any"

other officer specially empowered by the State .Government in

this behalf.

3. (1) The provisions of this Act and of any rules made 'hereunder

shall have effect notwithstanding anything to the contrary

contained in any other law or in any custom, usage, contract or

instrument.

(2) Any law or custom or usage having the force of law

immediately before the commencement of this Act shall cease to

have effect with respect to any matter for which provision is

made in this Act.

(3) Any other law in force immediately before the com-

mencement of' this Act shall cease to have effect in so far as it is

inconsistent with any of the provisions of this Act.

4. (1) No owner shall have the right to terminate the cultivation of his

land by a cultivator except in execution of an order made by the

prescribed authority.

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(2) The prescribed authority shall not make an order for

termination of the cultivation by a cultivator except on one or

more of the following grounds and on no other ground, namely;

(a)the cultivator has without any reasonable cause, failed to

cultivate the land or a part of the land exceeding, one fourth of

the total area of the land in any agricultural year -

(b) the cultivator has failed to pay the rent in cash or in kind or a

share or fixed quantity of the produce from the land within the

period as stipulated in any contract or in the absence of any

contract within a period of two months from the date of harvest of

any particular crop;

(c) the cultivator has sublet the land to another person for

cultivation;

(d) the owner having no land other than the land which is being

cultivated by the cultivator desires to cultivate ' the land personally:

" Provided that the owner shall have no right to terminate

the cultivation of the land on this ground unless he has given

notice of not less than six months of his intention to resume

personal cultivation and such notice expires with the beginning of

the agricultural year next following.

(e) the cultivator has erected or caused to be erected a

residential house or any other permanent structure 'on the land

without the written permission of the owner.

(3) The prescribed authority while making an order under sub-

section (2) shall also determine the amount which is to . be paid

by the owner to the cultivator or by the cultivator to the owner as

the case may be:

Provided that no order under subsection (2) shall be

made except after giving the owner and the cultivator an

opportunity of being heard.

5. If any owner terminates or causes to be terminated the cultivation

of any land by a. cultivator, in contravention of the provisions of

this Act, the prescribed authority, shall, on receipt of any

application made by or on behalf' of the cultivator and after

giving the cultivator and the

.

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owner ,an opportunity of being 'heard and after making such

inquiries as such authority may deem necessary. by order direct-

(a) in case where such land has not been cultivated or has been

cultivated by the owner or by any person on his behalf other

than the cultivator, that the land be immediately restored to- the

cultivator and further that forty per cent of any produce of the

land shall be forfeited to the State Government ,and the-

remaining sixty percent of such produce shall ,be retained by

the cultivator

(b) in case where such land has been cultivated by a new

cultivator engaged by the owner, that the land be restored at

the end of the cultivation season to the applicant cultivator

and further that the new cultivator shall retain fifty per-cent of

the produce harvested before restoration and make over the

remaining. fifty percent of such produce, to the applicant

cultivator.

6. For the cultivation of any land, no cultivator shall be required to pay

or deliver, to the owner and no owner .shall be entitled to

receive from the cultivator more than half of the principal produce

of the land or the price thereof as the case may as rent or share

or any, other account.

",

7. (1) If a cultivator

(a) surrenders his right to cultivate in respect of the land

cultivated by him as a cultivator, or

(b) abandons cultivation of such land, the owner of the land

shall give information in writing of such surrender or

abandonment to the prescribed authority within three months

from the date of surrender or abandonment.

(2) on receipt of such information the prescribed authority shall,

after giving the cultivator and the owner an opportunity of

being heard and making such inquiries as he may deem

necessary, by order, determine whether the cultivator

voluntarily surrendered or abandoned his right of cultivation'

in relation to such land. '

".' (3) If the prescribed authority determines that the cultivator 'had not voluntarily surrendered or abandoned the

813

cultivation of the land which was being cultivated by him as

such and that he had been compelled by force .or otherwise

to surrender or abandon the cultivation .of such land, the

prescribed authority shall restore to the cultivator the

cultivation of the land.

(4) If the cultivator or his heirs are not available .or is not willing to

be restored to the cultivation of such, land .or if the prescribed

authority determines that the cultivator had voluntarily

surrendered or abandoned such land, the owner may, with the

permission of the prescribed authority

(a) resume personal cultivation of such land, or

(b) have such land cultivated by another cultivator of the

locality who is willing to cultivate the land as cultivator.

8. Where a cultivator cultivating any land dies, the cultivation

. of such land may be continued for the remaining period .of that

agricultural year by the lawful heirs of the cultivator and if such

lawful heir continues the cultivation, he shall have all the rights

and be subject to all the, liabilities .of a cultivator under this Act in

respect .of such land.

9. (1) If the cultivator fails or .omits or neglects to pay the rent in cash

or in kind or a share or fixed quantity of the produce payable

to the owner, the owner shall be entitled to recover such rent

or produce due to him or its value in cash.

(2) If the produce of any land cultivated by a cultivator whether

before or after it is harvested is taken away by the owner forcibly

or otherwise, the cultivator shall be entitled to recover from such

owner the share or quantity of' the produce due to him or its

value in cash.

10. Every dispute. between a cultivator and the owner in

respect of the following matters, namely:

" (a) division or delivery of the produce or payment of

rent;

(b) recovery of rent, share .or fixed quantity of the produce

under the provisions of sub-section (1) or sub-section

(2) of section 9;

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(c) termination of cultivation by the cultivator or the

owner;

(d) the type of the house or other structure erected

on the land,

shall be decided by the prescribed authority.

11. Any person aggrieved by an order of the prescribed authority

may, within thirty days from the date of receipt of such order,

prefer an appeal to such officer or authority, as the State

Government may, by notification in the Official Gazette, appoint:

Provided that such office or authority may, if the appellant

was prevented by sufficient cause from preferring the appeal,

entertain the appeal preferred beyond the said period of thirty

days.

12 (1) The procedure to be followed by the prescribed authority

or by the office, or authority referred to in section 11 shall be

such as may be prescribed.

(2) An order made by the prescribed authority or the officer or

authority referred to in section 11 shall be executed by the

prescribed authority in such manner as may be prescribed.

13 No suit, prosecution or other legal proceedings shall lie

against any person for anything which is in good faith

done or intended to be done under or in pursuance of the

provisions of this Act or rules made thereunder.

14. No order or other proceedings whatsoever under this Act, shall be

questioned in any civil court and no civil court shall entertain any

suit or proceedings in respect of any matter for which provision is

made in this Act.

15. Notwithstanding anything contained in any other law for the time

being in force, all suits and other proceedings including appeals

instituted and pending in any court, tribunal or other officer or

authority for eviction of any cultivator, after the expiration of the

Sikkim Cultivators Protection (Temporary Provisions) Act, 1975

and before the commencement of this Act, shall abate and' shall

not be maintainable.

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16. Notwithstanding anything contained in 'any 'judgment, decree

or order of any court, tribunal or other officer or authority

and subject to the provisions. of this Act, every cultivator

who had been evicted from any land on or after the expiration of

the Sikkim Cultivators Protection (Temporary Provisions) Act,

1975 but before the commencement of this Act on any ground

shall on an application made 'to the prescribed authority within a

period of three. months from the commencement of this Act, be

entitled to be restored to the possession of such land and to

hold it with all the rights and subject to all the liabilities of a

cultivator under the provisions of this Act:

Provided that any application received after the period of

three months aforesaid, may be received after the said period if

the prescribed authority is satisfied that the applicant had

sufficient cause for not making the application within the said

period of three months.

17. (1) The State Government may make rules for carrying

.out the purposes of this Act.

(2) In particular and without prejudice to the generality

of the foregoing provisions, such rules may provide for

all or any of the following matters, namely:

(a) the period within which the cultivator shall pay or

deliver to the owner, the rent, or share or fixed.

quantity of the produce to which the owner is en

titled' under this Act

(b) the procedure to be. followed by the prescribed

authority or the other officer or authority referred to in

section 12;

(c) the manner in which the final order by the prescribed authority or other officer or authority shall be executed;

(d) any other matter which is necessary for. proper

implementation or enforcement of this .Act